"Reform of the Century" or a Step Toward a "Secret Police": Bundestag Drastically Expands Powers of German Intelligence Agencies

On Friday, November 13, 2026, the Bundestag approved by a majority vote one of the most comprehensive reforms of intelligence legislation in Germany's post-war history. The document significantly expands the powers of the Federal Intelligence Service (BND) and the Federal Office for the Protection of the Constitution (BfV). According to Federal Minister of the Interior Alexander Dobrindt (CSU), the decision is the "reform of the century," necessary to adapt Germany's security agencies to the changed geopolitical environment. The federal government emphasizes that the goal of the reform is to prepare intelligence agencies for sabotage, cyberattacks, and hybrid threats, the activity of which has been steadily increasing in recent years.

From Passive Data Collection to Active Operational Actions

A key innovation of the reform is a fundamental shift in the mandate of intelligence agencies: from predominantly passive information collection and analysis to active operational actions. While previously the tasks of the BND and BfV were mainly focused on intelligence gathering, they will now be authorized to directly counter identified threats, provided statutory frameworks are observed. Abroad, the BND will be permitted to infiltrate external IT systems, take down hacker group servers, and disrupt digital infrastructure. Furthermore, the law provides for measures targeting facilities used for the development of drones or chemical weapons. The government links these innovations to the growing activity of foreign states in cyberspace and the escalating danger of sabotage against critical infrastructure.

Artificial Intelligence, Biometrics, and Cyber Tools

The reform also significantly expands the analytical capabilities of the agencies. Going forward, intelligence services will be able to process large volumes of information using artificial intelligence and compare biometric data, including for facial recognition. The BfV, in turn, will receive additional capabilities to intervene in data streams, modify or delete digital information. Under special conditions and with appropriate authorizations, covert entry into residential and non-residential premises will become possible, for example to prepare surveillance measures. Retention periods for data collected abroad by the BND are also extended: telecommunications content may be stored for up to six months, and metadata for up to 13 months.

"Historical Taboo Broken": A Wave of Criticism

The expanded powers have sparked severe criticism from opposition parties, professional associations, and data protection commissioners. The Left Party warns that Germany is moving toward the emergence of a new secret police. The Greens point to insufficient clarity in demarcating between intelligence agency activities and police tasks, as well as a lack of transparency and legal protection for affected citizens. Green politician Konstantin von Notz doubts that the BfV's expanded powers will withstand review by the Federal Constitutional Court. FDP representative Wolfgang Kubicki calls the reform a "historical taboo broken" and demands comprehensive judicial control for interventions in fundamental rights. The German Bar Association (DAV) criticizes the potential limitation of attorney-client privilege and points to problems in oversight over intelligence services. As early as September, concerns were raised by the Hartmannbund medical association, which warned of a potential weakening of medical confidentiality due to the fact that patient data could, under certain conditions, be less comprehensively protected.

Control Mechanisms: Promises Versus Concerns

The federal government insists that the additional powers will be tied to statutory conditions and control mechanisms. An independent control council is intended to institutionally consolidate and strengthen oversight of intelligence activities, and parliamentary control is to be improved through additional reporting and information obligations. Lawyers emphasize that Germany faces a fundamental choice: on the one hand, intelligence services must become more efficient against the backdrop of international conflicts, cyberattacks, and espionage; on the other hand, it must be guaranteed that state interference in private life remains limited to the framework of a constitutional state and is subject to effective control. How well these guarantees will stand up to a real-world test will become clear in the coming months when the reform enters into force and is applied in practice.