A draft law by Bavarian Interior Minister Joachim Herrmann would allow the Bavarian police to put suspects in prison theoretically indefinitely only on suspicion, force citizens to (not) stay in certain places, use informants and open the mail.
The state government's "draft law for more effective surveillance of dangerous people" , which the Bavarian Interior Minister Joachim Herrmann presented to the state parliament on Wednesday, provides for comprehensive new powers for the Bavarian police. If the law is passed - which is likely since the CSU has an absolute majority in all relevant committees and in the state parliament - the Bavarian police would be given secret service powers.
The so-called Police Tasks Act – PAG for short – in its current form would enable the police to:
- In suspected cases, so-called “threats” should initially be taken into preventive custody for three months and then theoretically indefinitely with judicial approval. The person concerned is heard by the judge, but does not receive a public defender.
- Use undercover investigators under false names and with a legend in apartments, as well as on the Internet, whether as a partner on Whatsapp or another social medium. A judge's order is only necessary if it concerns the surveillance of a specific person.
- To oblige Google, Apple and Co. to make their data available for the purpose of dragnet searches.
- to take unlimited “overview recordings” of what is happening at public meetings. Images and sounds may be filmed and the recordings of faces may be compared with other image material.
- to confiscate and open the mail.
- Using private individuals as informants (V-man). The judge only has to agree if the operation is directed against specific people or takes place in apartments.
- to listen in the apartment and film covertly. The police are also allowed to break into apartments to install bugs.
- to issue residence orders and residence bans. That is, it could force citizens not to leave their place of residence or to change their place of residence. There is no need for a judge’s order for this.
- Using drones that film and listen openly or covertly.
- Wiretapping telephones and breaking into information systems. She is also allowed to access storage media, break into homes and delete or change data.
Sharp criticism of the law
Criminal lawyers criticize the draft law as unconstitutional because it undermines important fundamental rights that are protected by the constitution. The police are given far too many powers, which endangers the separation of powers, criticizes Claudia Stamm, a member of the Bavarian state parliament.
Bavaria's Interior Minister Herrmann defends the law: "The most efficient defense against danger is to prevent it from arising in the first place," he is quoted by the SZ .
Notes:
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