Berlin, July 2026: The Federal Ministry of the Interior is planning new operational powers for the Office for the Protection of the Constitution. The draft bill responds to terrorist plots, espionage, sabotage and foreign influence operations. The service should therefore be allowed to change data streams, feed in false information and falsify stored content. Secret access to IT systems and apartments would also be possible. Those affected would have to expect covert interventions, while digital providers could provide technical assistance.
Draft permits digital deception and covert interventions
Section 60 introduces so-called protective measures. Under these provisions, the domestic intelligence agency would be authorized to disable the tools used to commit an offense or to reroute data traffic. Furthermore, the draft explicitly mentions the “provision of false information to involved parties.” The planned toolkit also includes the “deletion or alteration of information.” However, the regulation rules out the use of direct physical force against individuals.
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This authority does not apply to every observed subversive effort; rather, it covers planned terrorist offenses and systematic activities on behalf of a foreign power. In the case of foreign-directed activities, there must be a threat of particularly serious harm. Protection also extends to human life, state security, the democratic order, and international understanding. No other agency must be capable of achieving the objective in a timely and equally effective manner.
Domestic intelligence agency to be authorized to covertly access IT systems and private homes
Agency leadership must first classify the situation as a specific threat. This classification is valid for a maximum of one year and generally requires oversight by the Independent Oversight Council. Accessing private IT systems or covertly entering private homes also requires prior review by the Council. However, preparatory technical measures may commence before the actual order is issued.
In cases of particular urgency, agency leadership may declare the classification or order immediately enforceable. The agency could thus take action before the Oversight Council has concluded its review. Public authorities, telecommunications companies, and digital service providers would be required to provide support upon the intelligence agency’s request. However, the section does not specify a requirement for subsequent notification of the affected parties regarding these measures. The Ministry of the Interior is also required to report annually on the number of cases, the grounds for action, and the results.
Criticism focuses on weaker oversight and a lack of legal safeguards
The reform consolidates significant oversight functions within the Independent Oversight Council. At the same time, the federal data protection authority is losing jurisdiction over operational activities. Consequently, critics foresee reduced public transparency and weaker external oversight. Legal expert Niko Härting also anticipates constitutional challenges. Reporters Without Borders is calling for stronger protection for journalists and their sources.
The Ministry of the Interior justifies the reform by citing the heightened threat landscape. Germany needs to be able to respond more quickly to cyberattacks, espionage, and hybrid operations. The Cabinet is therefore expected to deliberate on the draft this summer. However, it is not yet law; the provisions could still change significantly during the subsequent legislative process.
Author: Blackout News
Sources: Express (14.07.26) – Legal Tribune Online (13.07.26) – Netzpolitik (10.07.26) – beck-aktuell (07.07.26) – Bundesinnenministerium (05.07.26)