German Government Plans Expansion Of Bank Account Surveillance

The proposed security package discussed on Monday includes a draft law to improve counter-terrorism, which outlines a provision to alleviate banks of the requirement to cancel the accounts of customers under suspicion of terrorist financing to enhance the German Federal Police's (BKA) capabilities of surveilling transactions and accounts.

As of now, banks often choose to suspend the accounts of individuals subject to suspicious transaction and activity reports to subvert possible legal risk.

Under the proposed security package, the BKA would gain the capability of increased surveillance by enabling the BKA to operate undetected. The provision "intends to subvert the premature notification of suspects, and thus possible interference with police work".

In 2023, the German Financial Intelligence Unit (FIU) received 337,000 reports on suspicion of AML/CTF violations, of which "roughly 63,000 [...] had little or nothing to do with money laundering and terrorist financing," according to a proposal to modernize the FIU.

Under the proposed law, close to 20% of individuals under investigation for AML/CTF violations would thereby unjustly fall victim to prolonged surveillance of their financial activities via the German Federal Police.

In the Monday hearing, the proposed security package was met with skepticism, speaking to possible infringements on fundamental rights.

The law is proposed on the basis of increased risks of terrorist activity in Germany following October 7th. It seeks to expand police access to "relevant data" in counter-terrorism activities and includes the use of biometric surveillance software and search-and-seizures without suspicion in public spaces.

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