Challenge to lawfulness of regulations governing police software usage - Challenge to legislation governing law enforcement software usage
In a significant development, the Gesellschaft für Freiheitsrechte (GFF) and the Chaos Computer Club (CCC) have lodged a constitutional complaint against the use of Palantir's police software, VeRA, in Bavaria. The complaint, which is part of a broader effort to prevent overly broad surveillance powers by security authorities, alleges several key concerns.
The primary concerns revolve around the software's potential for massive data linkage and dragnet searches, which could cover an enormous number of people, including those not suspected of any crime. This approach, the advocates argue, infringes on constitutional rights and is unlawful and disproportionate under the Bavarian Police Law (PAG).
Another concern is the software's opaque nature, operating as a deliberately opaque system. The lack of transparency makes it impossible to understand how data are combined, analysed, or used in decision-making, creating dependency for the police on Palantir’s technology and undermining accountability.
The complaint also alleges that the software's use in Bavaria violates the right to self-determination over one's own data and the secrecy of telecommunications. The software, linked to US investor Peter Thiel and known for contracts with intelligence agencies and deployment in war zones, is criticised as a prominent player in the global surveillance industry, raising further concerns about its use in domestic policing.
Since the beginning of September, VeRA has been used 97 times by the Bavarian State Criminal Police Office (LKA). The software, which allows investigators to evaluate and link millions of data from various sources, only has access to information that Bavaria's police already has. The Fraunhofer Institute for Secure Information Technology, commissioned by the LKA, has reviewed the source code of the software and found no indications of hidden backdoors.
The Bavarian Ministry of the Interior, however, has stated that it cannot evaluate the arguments because the complaint document is not available. The ministry also noted that the software is used only in cases of serious and severe crimes, such as terrorist attacks, organized drug trafficking, gang-related telephone fraud, sexual offenses, and child pornography.
The software has been in use by Bavaria's police for almost a year, despite the Federal Constitutional Court's guidelines being in place since the beginning of 2023. The LKA has stated that the software has not caused any operational-disrupting technical malfunctions or data protection issues.
The CDU and CSU had called for the use of the software at the federal level, but failed to do so in the Bundestag, which was still in opposition at the time. The complaint is directed against regulations passed by the Bavarian state parliament to enable the use of the software.
The Chaos Computer Club, which supports the constitutional complaint in Karlsruhe, criticizes that the Bavarian police is making a long-term dependence on "an intentionally opaque software" by using VeRA. Many people whose data is recorded by the software are not suspects, but witnesses, victims, or informants. The software is not used for investigating crimes after they have occurred.
The Federal Constitutional Court will consider the complaint. The outcome of this case could have significant implications for the future of data privacy and the use of such software in police investigations across Germany.
- The growing dependence of the Bavarian police on Palantir's software, VeRA, raises questions about the community policy regarding data privacy, especially considering the software's opaque nature and potential for indiscriminate data collection, which may infringe on the rights of witnesses, victims, and informants.
- The employment policy concerning the use of technology in police investigations, particularly in the case of VeRA, is under scrutiny due to the software's association with US investor Peter Thiel and its known contracts with intelligence agencies and deployment in war zones, adding to concerns about its impact on sports, such as potential breaches of privacy in investigations related to organized sports fraud or illicit activities.
