The Federal Office for the Protection of the Constitution ( or BfV, often ) is Germany's federal domestic intelligence agency. Together with the Landesämter für Verfassungsschutz (LfV) at the state level, the federal agency is tasked with intelligence-gathering on efforts against the liberal democratic basic order, the existence and security of the federation or one of its states, and the peaceful coexistence of peoples; with counter-intelligence; and with protective security and counter-sabotage. The BfV reports to the Federal Ministry of the Interior and tasks and powers are regulated in the Federal Constitutional Protection Act ( []).
Overview Together with the Federal Intelligence Service and the Military Counterintelligence Service, the BfV is one of the three federal intelligence services. The BfV investigates efforts and activities directed against the federal level of Germany or transnational, in matters of foreign policy significance and at the request of a state authority for the protection of the constitution. The federal government has the right to issue instructions to the states in matters relating to the protection of the constitution if an attack on the "constitutional order of the federation occurs".
The BfV is overseen by the Federal Ministry of the Interior as well as the Bundestag, the Federal Commissioner for Data Protection and Freedom of Information and other federal institutions. The Federal Minister of the Interior has administrative and functional control of the BfV. Parliamentary control is exercised by the Bundestag in general debate, question times and urgent inquiries, as well as by its committees, most notably the Parliamentary Oversight Panel and the . The BfV is also under judicial control and all its activities can be legally challenged in court. Based on the right of information, the general public can direct inquiries and petitions at the BfV. The BfV does not have any police powers or authority to issue instructions. It may also not request the police, by way of administrative assistance (Amtshilfe), to take measures for which it itself is not authorized.
Organization
The BfV is based in Cologne. It is headed by a president and two vice-presidents and is organised in twelve departments:
Department Z: Central Services Department TA: Technical Analysis Department TX: Technical Infrastructure Department C: Cyber Defence Department O: Surveillance Department S: Internal Security, Protective Security and Counter-sabotage, Supervisory and Advisory Quality Management, Internal Audit Department 1: Specialized Support Department 2: Right-wing extremism/Terrorism Department 3: Measures according to the G-10 act Department 4: Counter-espionage, and Protection Against Industrial Espionage Department 5: Extremism of foreigners and Left-wing extremism Department 6: Islamic extremism and terrorism AfV: Academy of the German Domestic Intelligence Services (including the MAD) ZNAF (Zentrum für Nachrichtendienstliche Aus- und Fortbildung): Education and Training (in cooperation with the BND)
The president is Sinan Selen. In 2022, federal funding for the BfV was €469 million; with a total of 4,414 staff members employed.
Task General mandate: A prerequisite for warding off dangers posed by enemies of the free democratic basic order is comprehensive information of state bodies and the public about anti-constitutional efforts and developments, with the aim of defending the values of the basic order. The BfV is responsible for providing an early warning system ("Frühwarnsystem"). The specific tasks of the BfV arise from § 3 of the BVerfSchG (Tasks of the Office for the Protection of the Constitution) in conjunction with § 5 of the BVerfSchG (Distinction between the federal government and the states):
Defensive democracy One of the BfV's main tasks is to collect and evaluate information, such as factual or personal information, news or documents about efforts directed against the free democratic basic order. It is therefore part of the concept of a defensive democracy, according to which an early warning system is set up in order to "identify threats in advance of a specific danger in order to be able to react to them politically and/or legally in a timely manner."
These include political or violent activities that endanger the security or existence of the Federal Republic of Germany due to their anti-democratic attitudes or intentions, such as extreme left or extreme right parties and organizations or terrorist groups. The Federal Police's Center for Information and Communication Technology (Zentrum für Informations- und Kommunikationstechnik (IKTZ)) supports the BfV in the field of radio technology in accordance with § 10 of the Federal Police Act (Bundespolizeigesetz (BPolG)). In 2008, the heads of the constitutional protection authorities specifically called for the strategic monitoring of relevant Internet exchange point such as the DE-CIX.
Counterintelligence The BfV's legal mandate is to investigate "security-endangering or intelligence-related activities ... for a foreign power" (§ 3 of the BVerfSchG), i.e. to counter espionage and sabotage within the country. To this end, the BfV investigates the activities of foreign intelligence services in order to prevent espionage activities and sabotage measures against political and public institutions (e.g. political parties or government agencies) or commercial enterprises. This also includes uncovering illegal business or the leakage of know-how that could serve to further proliferate nuclear, biological or chemical weapons. Corresponding activities that take place abroad are monitored by the Federal Intelligence Service.
Countering espionage in the area of the Bundeswehr or the area of responsibility of the Federal Ministry of Defense (§ 1 of the Law on the Military Counterintelligence Service (Gesetz über den militärischen Abschirmdienst (MADG)) is the task of the Military Counterintelligence Service (MAD). In the area of counter-espionage, the BfV distinguishes between A, B and C states. The A states are dealt with particularly intensively. In 2022, these included Russia, China, Turkey, Iran and North Korea. In the case of the B states, 21 in 2022, there is no permanent observation, but rather the processing of individual suspected cases. In the case of the C states, 172 in 2022, no intelligence means are used in principle. Suspected case processing is possible in every category. Even today, the BfV's counter-espionage department deals with those former members of the Ministry for State Security (Stasi) of the German Democratic Republic who continue to work in intelligence services, mostly on behalf of Russia. Since 2015, Department 4, responsible for counter-espionage, has been growing, and later responsibility for cyber defense was also placed in this department. A few weeks after the start of the Ukraine war in 2022, the office applied for an additional 50 positions for Department 4.
Secret and economic protection Another area of responsibility of the BfV is the protection of secrets and economic security. In relation to the work of the BfV, this includes regulations and instructions or recommendations that are intended to ensure the protection of classified information belonging to the state and the industry commissioned by it (protection of secrets) or of trade secret (economic security) from unauthorized access. The BfV offers publications on the Internet and advice to commercial enterprises. In addition, the BfV carries out security checks for personnel (Sicherheitsüberprüfung) in areas of commercial enterprises that are subject to secrecy. Since 2008, the information transfer between the BfV and the economy has been carried out by the Working Group for Economic Security (Allianz für Sicherheit in der Wirtschaft) in the Economic Security Department (Ressortkreis Wirtschaftsschutz).
Objects of observation In the 2018 report on the protection of the constitution, the BfV divides the politically motivated crime objects for reconnaissance and observation into the following fields:
right-wing extremism left-wing extremism Islamism and Islamic terrorism security-threatening and extremist activities of foreigners (excluding Islamism).
Politically motivated crime (Politisch motivierte Kriminalität (PMK)) refers to and records crimes that constitute state security crimes (Staatsschutzdelikte). These include §§ 80 to 83, 84 to 91, 94 to 100a, 102 to 104a, 105 to 108e, 109 to 109h, 129a, 130, 234a and 241a of the Criminal Code (StGB).
Examples of politically motivated crime Examples of groups of people whose individual members have been or are being interviewed or observed by the BfV and affiliated organizations are:
People from associations associated with the right-wing extremist spectrum: Alternative für Deutschland, Der Flügel, Junge Alternative, Generation Germany, NPD (NPD banning attempt), Junge Nationalisten, Ring Nationaler Frauen, DS-Verlag, Die Rechte, Der III. Weg, National Socialist Underground, German People's Union, Freie Kameradschaften or those close to them People from parties and organizations of the left-wing extremist spectrum, including parts of the party The Left; also the Communist Party of Germany (KPD), German Communist Party, Marxist–Leninist Party of Germany, historically Red Army Faction and Free German Youth, Communist Party of Turkey/Marxist–Leninist, Freie Arbeiterinnen- und Arbeiter-Union, Anarcho-Syndicalist Union of Germany and others, as well as autonomous groups Islamic fundamentalist and Islamist organizations ICCB (Chaplains' Association), Millî Görüş, IS, al-Qaida (and derivatives), Hamas, Jihadism, Turkish Hezbollah, Muslim Brotherhood and others Persons from the Kurdistan Workers' Party, the Revolutionary People's Liberation Front, Turkish right-wing extremism such as the Ülkücü movement and other extremist groups Cyber attack groups Intelligence and security services of the Russian Federation, the People's Republic of China, the Islamic Republic of Iran, Turkey and other states active in Germany Scientology Historically refugees from the Eastern Bloc, as Eastern secret services placed agents among the people who emigrated from the GDR by applying for an exit permit infiltrated, among other things, for the purpose of spying on Western secret holders (Günter Guillaume). Historically politicians of the former GDR and other socialist states (wiretapping operations, analyses).
Activity and methodology
The primary purpose of intelligence gathering is to inform the federal and state governments as well as the public, who must then draw political conclusions from the findings. The prerequisite for surveillance by the BfV is the existence of actual evidence. This determination can be checked by the person being observed in court. In order to establish the basis for surveillance in a way that is legally binding, the BfV must have the opportunity to carry out an investigation. This can only be done by evaluating publicly accessible sources, which is not yet relevant to fundamental rights in the case of public communication content. At this stage, the BfV refers to a test case (Prüffall).