In response to growing technological and security challenges, the German government has significantly broadened the capabilities of the federal police. These new powers include the deployment of advanced surveillance technology, the use of drones, and the integration of artificial intelligence to monitor public spaces and enhance border security. The updated Federal Police Law, passed by the Bundestag last week, marks the first substantial change in this area since 1994. The law allows for real-time surveillance in key locations such as airports, intercity train stations, and regions near Germany's borders. According to the government, these changes are necessary to address modern threats and to keep the country's security apparatus up to date with current technology.
AI surveillance: Behavior recognition in crowded spaces
One of the most contentious provisions in the new law is the use of AI for facial recognition and behavior monitoring. The system is designed to assess whether someone in a crowd is acting in a potentially threatening or suspicious manner. For example, it can detect if an individual throws a punch or loiters in a way that the AI algorithm considers 'conspicuous.' This form of behavior recognition is intended to help law enforcement identify possible risks in real time and respond more effectively.
However, critics argue that the AI tools could misinterpret benign actions as threats. In parliamentary discussions, Clara Bünger from the Left Party illustrated this concern with a satirical example. She imagined a frustrated traveler pacing on a train platform due to a delayed train. To the AI, this ordinary behavior might be flagged as 'suspicious lingering.' The example was met with laughter from government representatives but highlighted the potential for the technology to over-police or misidentify harmless citizens.
While some police unions and legal scholars support the use of AI, claiming it could reduce the workload of officers and improve safety, human rights and privacy advocates strongly oppose the law. They argue it sets a dangerous precedent for mass surveillance and infringes on personal freedoms. The deployment of AI systems in public spaces, they say, fundamentally changes the relationship between citizens and the state.
Transparency issues and legal risk
A major point of concern is the lack of clarity around how AI systems will collect, process, and interpret data. In Germany, individuals have the right to access information about how their data is used. But when algorithms are opaque and decisions are made automatically, this right becomes difficult to enforce. Michael Kolain, from the Berlin-based Center for Digital Rights and Democracy, warned that under the new law, sensitive data could end up in the hands of security forces. He compared this to the security forces having the ability to 'read your diary' in the worst-case scenario.
Markus Thiel, a professor of public law at the German Police University in Münster, acknowledged the concerns raised by activists but argued that well-crafted legal frameworks could minimize the risks. He pointed out that any expansion of police powers inevitably draws criticism. However, he stressed that such powers are not inherently problematic if implemented carefully and in accordance with constitutional protections. Despite these reassurances, the law is expected to face legal challenges in Germany's Constitutional Court. These legal proceedings can last for many years, but in the interim, the law will be implemented.
Drones, disruptions and the skyward gaze
The new law also provides a legal framework for the use of drones by the federal police, particularly in high-traffic areas such as train stations and near borders. Thiel emphasized that the deployment of drones represents a much greater intrusion into citizens' privacy than the use of fixed cameras. This is because drones can capture footage from the sky, potentially monitoring individuals without their knowledge or consent. The rules were put in place in response to incidents in 2025 when unauthorized drones caused disruptions at several German and European airports.
While the law outlines when the police may take down a drone that is deemed a threat, it does not specify the exact criteria or oversight mechanisms for such actions. This ambiguity has led critics to worry about the potential for misuse or overreach. The law is also notable for being one of the few legal documents that explicitly accommodates the use of AI for 'preventative surveillance' — a term that has raised significant alarms among privacy advocates. They argue that the phrase suggests a shift toward preemptive policing based on algorithmic predictions rather than evidence.