Berlin’s governing coalition, CDU and SPD, are pushing forward with significant amendments to the state’s police law, aiming to grant law enforcement expanded powers in areas like facial recognition and data analysis. These proposed changes have ignited a fierce debate within the city’s parliament, drawing sharp criticism from opposition parties and the state’s data protection commissioner.

Key Takeaways

• CDU and SPD propose expanding police powers for facial recognition searches and AI-driven data analysis.
• Opposition parties (Greens, Left, AfD) and the Data Protection Commissioner criticize the plans as disproportionate and a threat to civil liberties.
• The proposed reforms aim to enhance security but raise significant constitutional and privacy concerns.

Expanded Facial Recognition Capabilities

The most contentious aspect of the proposed reform involves broadening the scope of police searches using biometric facial recognition. Currently, this technology can be used to identify individuals deemed dangerous by security authorities. However, the new plans would allow police to search for not only these individuals but also their contact and accompanying persons.

Opposition lawmakers, including Niklas Schrader (Left) and Vasili Franco (Greens), have voiced strong objections, labeling the expansion as a "massive constitutional concern" and a move that would allow police to "find anyone, almost regardless of whether this person poses a danger." They argue this is incompatible with democratic principles.

Data Protection Commissioner’s Concerns

Berlin’s Data Protection Commissioner, Meike Kamp, has also expressed significant criticism. In her written statement, she argued that extending biometric internet searches to contact and accompanying persons constitutes a "disproportionate" infringement on the fundamental rights of many uninvolved citizens.

However, SPD representative Martin Matz countered these concerns, assuring that the police do not plan "mass searches of all possible faces on the internet." He emphasized that the tool would only be used as a last resort in investigations when no other means are available, and only with judicial approval on a case-by-case basis.

Controversial AI Deployment in Data Analysis

Another significant point of contention is the proposed introduction of self-learning AI systems for the automated analysis of collected data. This was explicitly forbidden in the original draft of the law. CDU and SPD argue that high legal hurdles would still apply to the use of such systems, particularly in cases of concrete terrorist threats.

Despite these assurances, Data Protection Commissioner Kamp remains unconvinced, stating that the opening for self-learning systems "raises considerable constitutional questions despite raising the intervention thresholds."

Political Standoff and Future Vote

The amendments were debated and voted on in the Interior Committee, where the CDU and SPD majority approved their plans, while the Greens, Left, and AfD voted against them. The comprehensive reform of the police law, the most significant in decades, is expected to be finally decided by the entire House of Representatives in early December.