Decision on implementing the specified actions is yet to be made by the Commission.
In a landmark decision, the Federal Constitutional Court has provided much-needed clarity on the rule-of-law prerequisites for the use of source communication surveillance and online searches by state authorities. The ruling, which has ended years of legal uncertainty, is an important contribution to establishing rule-of-law boundaries for surveillance measures.
Konstantin von Notz, Deputy Parliamentary Group Leader, welcomed the decision and emphasized the importance of tightly controlling the powers of security agencies by the rule of law and effective parliamentary control. He expressed his expectation that the responsible parties in the Federal Ministry of the Interior and Justice will provide the necessary legal clarity on this constitutional terrain in the future.
The court's ruling includes clear regulations on intervention thresholds, parliamentary control, and a legal and responsible regulation for dealing with IT vulnerabilities. The non-implementation of previous guidelines from the Federal Constitutional Court led to these tools not being used by security agencies for years.
The applicants, who made a valuable contribution to establishing rule-of-law boundaries for surveillance measures, had called for more specific guidelines from the court. Their wishes have been granted, as the court has provided detailed guidelines on the rule-of-law prerequisites for the use of these tools.
The responsible parties, primarily the Federal Ministry of the Interior for digital administration and IT security, alongside the Federal Ministry of Justice, which is involved in the implementation of legal regulations including those related to IT law, are expected to immediately implement the court's decision and previous case law. Additionally, since May 6, 2025, the newly established Federal Ministry for Digital and State Modernisation plays a key role in IT matters and digital governance, with its minister and state secretaries tasked with these issues.
Konstantin von Notz also expressed his desire for more specific guidelines from the court, as he believes that clear rules are essential for a responsible and effective use of these tools. He emphasized the need for tight control of the powers of security agencies by the rule of law and effective parliamentary control.
The court's ruling addresses the use of source communication surveillance and online searches by state authorities. It is a significant step towards ensuring that these tools are used in a manner that respects the fundamental rights and freedoms of citizens, while still allowing for effective law enforcement and national security.
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