Berlin tightens police law: More video surveillance, “final rescue shot” in hostage situations

After long debates, the CDU and SPD also agreed on stricter regulations for video and telephone surveillance as well as online searches.
Berlin's police law is being tightened. The CDU and SPD have now largely agreed on an amendment to the General Security and Order Act (ASOG). It contains a long list of crucial changes. For example, crime-ridden areas are to be monitored with video cameras. Currently, the police are only allowed to listen to phone calls and text messages for security purposes. This will also be possible in the future for messaging services such as WhatsApp and Telegram, where communication is encrypted.
The focus of this so-called source telecommunications surveillance is to be on combating organized crime and terrorism. "And, of course, the court's approval also applies here. We are upholding fundamental rights and proportionality," Berlin's Interior Senator Iris Spranger (SPD) told the Berliner Zeitung. "The coalition is creating a significant advantage for the protection of Berliners and implementing one of its most important projects."
The senator also stated: "Last but not least, the ASOG (Association of German Police Officers) provides our police with greater legal certainty and certainty in their actions – from the use of body cameras to the use of firearms in cases of danger to life and limb." After years of controversy, the so-called final rescue shot is now being included in the ASOG. With this targeted lethal shot, the police are intended to be able to avert danger from third parties in the interests of emergency assistance, for example, in hostage situations. The rescue shot can be ordered by the commander to exonerate the shooter from legal liability.
Among other things, the ASOG amendment will also allow for the provision of information about existing data, such as the name and address of a cell phone owner. The collection of traffic and usage data, as well as radio cell queries for emergency response, will also be regulated anew. Currently, only certain traffic data can be retrieved.
BVG should store video recordings for 72 hoursBerlin's public transport company will be allowed to store video recordings for 72 hours in the future. The previous 48-hour retention period was deemed too short, as many victims of crimes are not yet emotionally capable of filing criminal complaints or making statements to the Berlin police immediately after the crime. Iris Spranger, whose office drafted the 744-page bill, even envisions a retention period of 96 hours.
AI-supported video surveillance should also be possible. There will be no live comparison of biometric data for personal identification. Rather, the focus will be on recognizing behavioral patterns and critical situations. Nevertheless, the ASOG (Association of German Federal Offices of Public Health) will stipulate the testing and training of AI systems.
To combat terrorism, online computer searches will now be permitted before crimes are committed. Previously, the Code of Criminal Procedure only allowed this afterward for the prosecution of such crimes.
Woman beaters get ankle braceletsIn order to hit organized crime where it hurts, namely with money, it should also be possible to confiscate cryptocurrencies in the future.
Protection against domestic violence is also to be improved. The amendment to the Domestic Violence Act (ASOG) will grant the Berlin police the authority to extend the ban imposed on a violent offender from entering a shared home from 14 to 28 days. This will give victims sufficient time to seek protection from the family court under the Violence Protection Act.
Electronic ankle bracelets for violent offenders will also be introduced. At the same time, the person at risk can also be voluntarily equipped with technology to detect early on whether the violent offender, who has been prohibited from doing so, is approaching them.
Anyone who spits at police officers will have their blood takenAnyone who has bitten or spat at an emergency responder can now be subjected to a physical examination against their will – only with a court order, of course. Blood sampling is currently only possible for preventative reasons. This is intended to more quickly determine whether the perpetrator has infected an officer with an illness such as hepatitis.
A pilot project will be conducted in the red-light district around Kurfürstenstraße: A stationary police call box will be installed there. Similar systems have previously existed in both parts of Berlin. However, it will also incorporate video technology. This call box will also be available to women whose cell phones have been confiscated by pimps or to people whose phones have been stolen.
Districts may impose fines of up to 100,000 eurosThe district offices responsible for enforcing regulatory law will in future also be able to impose fines of up to 100,000 euros, for example, if someone fails to dispose of their wrecked car. This doubles the previous maximum limit of 50,000 euros.
The fact that the Social Democrats were able to go so far with the ASOG amendment likely also has something to do with gifts to the left wing of the party: The new police law explicitly prohibits "racial profiling," i.e., the monitoring of people based on external characteristics such as skin color or origin. However, this is already prohibited by the state's anti-discrimination law.
The so-called crime-ridden areas – currently seven – will also be designated by legal ordinance in the future, making them transparent. Previously, this classification was carried out solely by the police themselves. In these locations, the police can, for example, stop and search people without cause.
At their joint retreat this weekend in Havelland, the CDU and SPD will finalize the final details of the draft, which is then to be approved by the House of Representatives.
Berliner-zeitung