Covert home entries, spyware: Germany aims to expand police powers

Germany is taking its fight against terrorism to the living rooms and studies of people it considers suspects, raising serious concerns over potential breach of privacy and fundamental rights.

In what has been described as reforms in the manner security forces operate, German Interior Minister Nancy Faeser is aiming to grant police sweeping powers for covert entry into apartments–to conduct searches as well as to install spyware on suspects’ computers or smartphones.

The German media outlet Der Spiegel quoted an Interior Ministry spokesperson specifically mention threats from so-called “Islamist terrorism” as the trigger for the proposal.

"From our perspective, it is entirely natural that security authorities must have corresponding powers to address this," the German weekly quoted the spokesperson as saying.

The move comes amid a spike in anti-Muslim hate incidents in Germany since the beginning of Israel’s war on Gaza.

Critics say that the random use of the so-called term “Islamist threat” by governments has led to a rise in anti-Muslim hatred across the West, especially against migrants and asylum-seekers.

The recent riots in the UK by far-right groups were also fanned by wild rumours that a knife attack at a popular seaside resort that killed three children was allegedly carried out by a Muslim asylum-seeker —a claim that was later proven false.

The Der Spiegel report published on August 15 says that the measures would only be used as a last resort for “counterterrorism” purposes.

Currently, house searches are only allowed in Germany if law enforcement officers openly inform the person about the specific suspicions and the purpose of the search, as stated in Article 13 of the constitution, which protects the inviolability of the home. Exceptions are only allowed in cases of imminent danger.

If passed, the draft proposal could lift such restrictions in favour of covert searches, which has led to concerns that it would threaten the rule of law.

Mika Beuster, the president of The German Journalists Association (DJV) criticised the planned change, citing concerns that "All journalists researching in security-relevant areas will be affected.”

"Covert entries resemble the methods of police states, not free democracies," Beuster said, according to the Der Spiegel report.

On June 26, Faeser pledged another legislation that reflects the country’s increasingly tough stance on counterterrorism measures.

The measure approved by the Cabinet indicated that a single comment that “glorifies and endorses a terrorist crime on social media” could constitute a reason for expulsion.