The Federal Justice Minister, Stefanie Hubig of the Social Democratic Party (SPD), has stipulated conditions for the nationwide implementation of data analysis software from the US company Palantir. Minister Hubig acknowledged significant public reservations surrounding the technology’s potential use.
Speaking to the Handelsblatt, she stated that concerns exist regarding the possibility of sensitive citizen data being shared with foreign entities and worries have been raised about Germany developing a concerning dependence on a single vendor. “If these reservations cannot be fully addressed, deploying this software would be difficult to justify” she affirmed.
However, Minister Hubig expressed openness to equipping law enforcement and security agencies with modern tools to effectively counter threats and combat crime, emphasizing that this enhances public trust in the rule of law. She stressed, however, that a “special degree of consideration” is paramount when considering automated data analysis tools, which are particularly sensitive in terms of fundamental rights. She insisted that their use must be legally underpinned and any such legislation must align with constitutional principles.
Currently, a suitable legal framework for such use is absent from federal law. However, an agreement has been reached with the conservative Union faction to establish this legal basis. Minister Hubig emphasized the importance of adhering to guidelines set by the Federal Constitutional Court, particularly those reflected in its rulings on state-level regulations in the states of Hesse and Hamburg.
According to Minister Hubig, automated data analysis by authorities would only be considered in cases involving the investigation of serious crimes or the prevention of significant dangers. Furthermore, the legal authorization must be “sufficiently specific”.
