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16 December 2025
New powers for the Berlin police force
According to politicians from the CDU-SPD coalition, supported by the AfD, the newly passed amendment to the General Security and Public Order Act aims to adapt police tools to modern threats. These include cybercrime, terrorism, and drug trafficking. Supporters of the new solutions emphasize that they will allow for more effective crime prevention and citizen protection, such as faster identification of domestic violence perpetrators.
“This reform represents a long-awaited modernization of police potential. We are adapting their powers to the challenges they face, giving them more rights and ensuring access to the latest technologies. At the same time, we protect civil liberties and permanently strengthen the protection of victims, especially women,”
– argues Iris Spranger of the SPD, Senator for the Interior and Sport.
However, the entire project sparks immense controversy.
Information:
This law applies exclusively to Berlin. It covers the activities of Berlin police and law enforcement agencies and applies to all individuals staying within the Berlin territory. It does not apply to other parts of Germany.
What will change in police operations?
The new regulations enable the police to monitor phones, laptops, and other electronic devices more easily. They introduce the possibility of installing spyware, the so-called “Staatstrojaner,” which allows for the remote hacking of suspects’ devices. The law also enables the decoding of encrypted communications in cases related to terrorism and organized crime.
Spyware trojans and searches without court warrants
For the first time in Berlin’s history, the police obtained the legal right to secretly enter private apartments to install spyware if remote installation proves impossible. Furthermore, the authorities expanded the use of video cameras in public places and the possibility of conducting searches without a prior court warrant in emergency situations.
Police will also utilize advanced technologies, such as biometrics and data analysis, for the preemptive monitoring of potential threats. The law also provides for cooperation with federal services regarding data exchange.
Broad social opposition against surveillance in Berlin
This new legislative framework faces massive resistance, mainly due to potential privacy violations and the lack of sufficient oversight mechanisms. Critics of the amendment point to disturbing similarities with the practices of authoritarian states.
Meike Kamp, Berlin’s Data Protection Commissioner, and renowned lawyer David Werdermann from the GFF criticized the new rules, while several large organizations and legal associations issued a joint protest.
Risk of widespread police abuse
Critics highlight the fact that police can secretly enter suspects’ homes without their knowledge as a primary argument against the new regulations. Given the lack of strict criteria for when such intervention is justified, this could lead to numerous abuses, for example, in political cases or against activists.
A gateway to permanent citizen monitoring?
Meanwhile, the ability to hack devices and decode communications faces criticism due to the lack of a court warrant requirement in many cases. According to TAZ commentator Hanno Fleckenstein, a situation where the police can monitor citizens preemptively, without specific suspicions, opens the door to mass intimidation—all entirely legal. Opponents also point to the lack of public consultation and the haste in the legislative process.
The law will enter into force after the Mayor of Berlin signs it. However, everything indicates that the amendment will face legal challenges, especially since the German Constitutional Court previously ruled similar regulations partially unconstitutional. Consequently, the legal battle over surveillance in Berlin is far from over.
Read this article in Polish: Berlin wprowadza masową inwigilację. Prawnicy alarmują
