Bettina Gyak, the state commissioner for data protection and freedom of information in North‑Rhineland‑Westphalia, has publicly opposed plans to abolish her office. She told the “Rheinische Post” (Monday edition) that the premier emphasized how crucial public trust in the state is. According to Gayk, data‑protection officials from both federal and state levels play a vital role in safeguarding that trust by mediating disputes, advising on sound data‑processing practices, and, when necessary, stepping in decisively if citizens’ fundamental rights are at risk.
In 2024 the office received about 12,000 submissions, a number that rose to over 18,000 the previous year. Gayk pointed out that the share of complaints from affected citizens about concrete privacy violations jumped by more than 60 percent. These submissions include not just complaints but also advice requests and reports of data breaches.
She warned that it is becoming popular to frame privacy measures as obstacles to security, a narrative she says is dangerous. “Security agencies should of course get the powers they need for investigations, but those powers must also be used proportionally to protect all citizens. That requires a clear legal definition of when and where such powers can be exercised” she said.
Gyak stressed that a hallmark of a rule‑of‑law society is that the exercise of power over citizens follows strict rules. “This is especially true for the authorities’ powers. When limits are not clearly defined, the powers themselves can create significant uncertainty” she warned, noting that this erodes public confidence. She felt that recent legislation on homeland security and police powers had already tangled privacy with a supposed security barrier, and that her suggestions for tightening constitutional limits on new powers were largely ignored.
