New offensive capabilities for foreign intelligence
Germany's parliament is debating what the government calls the most extensive overhaul of intelligence law in the Federal Republic's history, a 732-page reform approved by cabinet in August that would grant spy agencies sweeping new powers to respond to escalating Russian aggression.
The legislation, set for debate on Thursday, would transform the foreign intelligence agency (BND) and the Federal Office for the Protection of the Constitution (BfV) into what Chancellor Friedrich Merz has described as "real secret services," capable of offensive operations against threats targeting German territory and interests.
Under the proposed reforms, the BND could for the first time respond directly to threats by destroying hostile IT systems or sabotaging production chains for weapons and explosives destined for use against Germany. The agency's annual budget has grown to €1.51 billion in 2026, a 25 percent increase from the previous year, with an additional €350 million allocated to support the expanded technical capabilities.
"I am deeply convinced that we should show much more often that we are capable of doing very similar things, so that the other side feels the pain too," BND president Martin Jäger said at the Munich Security Conference, pointing to Russia's increasingly aggressive posture.
However, any active cyber measures would require Germany's National Security Council to declare an intelligence special situation, followed by a two-thirds vote from the Bundestag's Parliamentary Control Panel, establishing significant oversight hurdles. Assassinations would remain prohibited under the new framework.
Expanded domestic surveillance powers
The BfV would gain authority to secretly enter homes or business premises to install spyware or neutralize weapons and explosives, alongside enhanced powers to monitor encrypted communications. The reform would allow the BND to store up to 30 percent of intercepted internet traffic, including full email and chat content, for up to 15 years. The agency would also gain access to telemetry data from car manufacturers.
Despite the enhanced capabilities, the BfV would remain barred from conducting arrests or interrogations, which under German law can only be carried out by police. The agency currently employs approximately 4,500 staff and operates on a budget of €551.3 million.
Constitutional deadline drives urgency
The reforms are driven in part by a Federal Constitutional Court ruling from October 8, 2024, which found certain BND surveillance provisions violated Article 10 of the Basic Law protecting communications privacy. The court allowed existing rules to continue only until December 31, 2026, creating a hard deadline for new legislation.
Germany's intelligence community has deep historical roots, with the BND founded in 1956 from the Gehlen Organization, established by US Forces in occupied Germany in 1946 during the early Cold War. This legacy has shaped Germany's traditionally cautious approach to intelligence powers, scarred by memories of state surveillance during the Nazi and Cold War eras.
Leipzig attack intensifies security concerns
The legislation comes amid mounting Russian hybrid attacks combining cyberattacks, espionage and sabotage. On August 4, specialists disarmed a drone packed with military-grade explosives discovered near a Ukrainian cargo aircraft at Leipzig Airport. Two additional drones were later found in the vicinity, with one colliding mid-air with a DHL cargo plane and forcing an emergency landing.
Germany formally attributed the attack to Russia on September 1 and closed Russia's consulate general in Bonn and terminated the lease for the Russian House for Science and Culture in Berlin. Russia rejected the accusations, with President Putin suggesting Berlin had fabricated the evidence.
Leipzig Airport has served as the base for Ukraine's Antonov Airlines since Russia destroyed its home facility in Hostomel during the early days of the 2022 invasion, making it a key logistics hub for military supplies to Ukraine. The number of Russian attacks in Europe nearly tripled between 2023 and 2024, with Germany among the primary targets, according to European security officials.
Polish President Donald Tusk has warned that EU countries supporting Ukraine should expect escalating drone attacks in coming months.
Oversight and opposition concerns
The Social Democrats emphasize that enhanced powers will be balanced by increased oversight through the Independent Control Council, a quasi-judicial body that will assess the proportionality of intelligence measures and monitor data handling. The more severely a measure infringes on fundamental rights, the stricter the conditions for its use.
Former BND heads have called for immediate reform, describing the agency in a Times op-ed as a "toothless watchdog, muzzled and hobbled with an iron chain." The government argues that German intelligence services must work on equal footing with allies, promoting cooperation and increasing security.
Opposition parties have raised concerns about the scope of the reforms. Left Party interior affairs expert Clara Bünger warned of "nothing less than the de facto abolition of the principle of separation between the secret services and the police – a key lesson learnt from German fascism."
The AfD, itself under investigation by the BfV, supports expanded BND powers but rejects the additional authorities proposed for the domestic intelligence agency.
