Germany’s Top Court Limits Police Spyware to Serious Crimes

Germany's Federal Constitutional Court ruled that law enforcement may use spyware to monitor phones and computers only in serious criminal cases where the maximum sentence exceeds three years. This decision responded to challenges by digital rights group Digitalcourage, which argued that the 2017 law allowing spyware use was overly broad and risked infringing on the privacy of individuals not suspected of crimes. The court emphasized that such surveillance is a severe intrusion on fundamental rights and should be limited to investigations of particularly serious offenses. While the ruling declared certain powers for secret online searches unconstitutional, these provisions remain temporarily in effect until new laws are enacted. The decision received mixed reactions: digital rights advocates welcomed the restrictions, journalists expressed concerns about source protection, and police unions supported maintaining spyware use in major cases for security purposes. Overall, the ruling aims to balance criminal prosecution needs with the protection of privacy and constitutional rights in the digital age.