The federal government plans to allow the use of facial recognition software by the Federal Criminal Police Office (BKA) and the federal police in the search for suspected terrorists and serious criminals. A related bill by Federal Interior Minister Nancy Fesser (SPD) proposes the inclusion of the new paragraph 98e in the Criminal Procedure Code, which allows “biometric comparisons with publicly accessible data from the Internet”, reports “Der Spiegel”.
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The planned changes to the law, which still need to be approved by the cabinet and the Bundestag, are intended to give “modern powers to police officers” and enable automated data analysis using artificial intelligence. However, according to the ministry, real-time facial recognition in public places – for example via video surveillance at train stations – is apparently not planned.
According to an Interior Ministry spokesman, planned changes to the law are aimed at enabling investigators to compare internet videos of IS members with images on social networks to obtain information about the whereabouts of suspects.
Russia blocks messenger services Signal and YouTubeThe recent arrest of former RAF terrorist Daniela Klett has reignited the debate over the use of facial recognition technology. A few months ago, a Canadian journalist found old suspicious photos of Klett in Berlin using a facial recognition program on the Internet.
The president of the Lower Saxony state criminal police office (LKA), Friedo de Vries, recently went even further in his demands. He would like to see an agency’s own facial recognition software for law enforcement. De Vries told NDR: “I would like us to be able to use facial recognition methods to generate search approaches. This means being able to search the Internet for possible whereabouts and points of contact.” The aim is to be able to more effectively search for criminals who are at risk of being sentenced to more than one year in prison.
Civil rights activists are demanding a ban
Critics have long warned about the risks of ubiquitous recording in public spaces and potential restrictions on freedom of assembly. It also points to problems such as discrimination and error rates in automated facial recognition.
The planned expansion of powers for investigative authorities stands in contrast to previous debates about a possible ban on biometric surveillance. At a hearing in the Bundestag on the amendment of the Federal Data Protection Act (BDSG), representatives of civil rights organizations and, surprisingly, a constitutional lawyer from the Hamburg Police Academy spoke in favor of an explicit ban on facial recognition in public places.
The EU’s recently enacted AI Act generally bans facial recognition for law enforcement, but makes exceptions for 16 clearly defined offences. This mainly includes scenarios in which the threat is imminent. However, investigators still need approval from a judicial or administrative authority.
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