A legal association has welcomed a constitutional complaint filed against the Bavarian police’s use of the Palantir data analysis tool. The Association of Social Democratic Jurists (ASJ) believes a judicial review is necessary to determine the constitutional permissibility of comprehensive analysis tools like Palantir.
“It is essential for the courts to clarify whether tools of this kind are constitutionally sound” stated ASJ co-chairs Antje Draheim and Harald Baumann-Hasske. They explained that such software is capable of connecting and analyzing both publicly accessible and non-public data, generating predictions of potential threats and individuals deemed risky based on algorithms.
The ASJ emphasized the need for a landmark ruling, arguing that the potential infringements on the fundamental rights of uninvolved individuals and the resulting atmosphere of pervasive surveillance are disproportionate to claims of preventing serious crimes.
Palantir’s software previously underwent testing at the European level within Europol, aimed at connecting data from EU member states. However, that assessment concluded it did not meet the requirements of either Europol or the cooperative partners within member states.
Reports from Bavaria indicate the software’s application extends beyond preventing serious, terrorist offenses, also being used in cases of less serious criminal activity. Similar constitutional complaints are already underway in North Rhine-Westphalia and Hesse, where the software is also deployed. Draheim noted a recurring pattern of surveillance tools being expanded beyond their initially stated purpose.
Baumann-Hasske further criticized the software’s origin. “A significant concern is the vendor of the software: Palantir, founded by Peter Thiel. He is among the tech billionaires who, during Donald Trump’s presidency, have expressed views questioning the suitability of democracy as a form of government and possess a vested economic interest in surveillance. How can we justify procuring a software product for essential state surveillance and analysis from someone who openly declares himself to be an opponent of liberal democracy and the fundamental principles that underpin it?”
