GERMAN CONSTITUTIONAL COURT AUTHORISES TELECOM INTERCEPTIONS BY BND
Germany's federal Constitutional Court has approved in principle an extension of the powers of the country's foreign secret service, BND (Bundesnachrichtendienst) to intercept phone calls. The "anti-crime" law (Verbrechensbekämpfungsgesetz) introduced in 1994 authorises the BND to intercept satellite and radio cross-border telecommunications. The random interceptions are carried out with the help of an automated electronic system, nick-named the "vacuum cleaner". Similar to the US controlled Echelon surveillance system, the BND's electronic vacuum cleaner is said to be capable of filtering the mass of intercepted telecommunication signals for intelligence concerning the trafficking in arms and drugs, terrorism and trafficking in nuclear substances. The technical design of the system does not allow the interception of wire-born telecommunications, which make up 90 per cent of the approximately eight million cross-border telecommunications per day between Germany and foreign countries.
Several plaintiffs, among them a number of journalists and the BerlinTageszeitung had sought the annulment of the law's relevant provisions, on the grounds that they undermined constitutional rights.
The Federal Constitutional Court acknowledged that the routine and random interception and evaluation of cross-border telecommunications did constitute a significant infringement on the pricacy of telecommunications, but said this could be justified since organised crime posed a threat to Germany's security and foreign policy interests.
However, the court found that a number of the provisions breached the constitution. As a consequence, the BND is no longer allowed to gather information on money forgery, since this type of crime could not be regarded as a serious threat to the country. Furthermore, the judgement of the Constitutional Court limits the extent to which the BND may communicate electronically gathered intelligence on planned or committed criminal offences to prosecution authorities. Thus suspicion based merely on general indications no longer suffices. Communication of information to law enforcement authorities is allowed only with respect to serious crimes and on condition of a concrete suspicion. Moreover, the federal Constitutional Court demands a tighter parliamentary control of the BND's "electronic vacuum cleaner". Finally, persons whose telecommunications have been intercepted by the BND should be informed, once the operation has been concluded, on condition however that disclosure does not jeopardise the work of the intelligence service...
Source: Neue Zürcher Zeitung, 15.7.99.