NRW POLICE ACT: STOP UNCONSTITUTIONAL DATA MINING
The North Rhine-Westphalia Police Act allows the automated creation of comprehensive personality profiles to combat crime. We are filing a constitutional complaint.
“Data mining” refers to the automated analysis of numerous and large data sets using special software. At the touch of a button, the police can view and analyze a wide range of information from public and private bodies and from publicly accessible sources about any person. This can include data from health and social services offices, civil registers, vehicle registers, banks, telecommunications service providers and social media. The aim is to generate new investigative approaches and prevent future crimes. The police in NRW uses the big data software Gotham by the controversial US company Palantir.
THE NEXT STEP TOWARDS THE TRANSPARENT HUMAN
The legitimate objective of preventing threats does not justify disproportionate infringements of citizens' fundamental rights. The analysis of enormous amounts of highly sensitive data and the creation of detailed personality profiles is a serious interference with the right to informational self-determination. Anyone can be affected - even persons who have not given any reason for surveillance and do not have any previous police record. In 2020, the Federal Constitutional Court therefore ruled that security authorities may not create comprehensive personality profiles. The corresponding provision in the North Rhine-Westphalian Police Act is hence clearly unconstitutional.
DISCRIMINATION AND STIGMATIZATION THROUGH “PREDICTIVE POLICING”
Another serious issue with data mining is that data influenced by any biases is included in the analysis without being checked. For example, people affected by racism or political activists are the target of police measures at a disproportionately high rate. If the data collected is analyzed automatically, the risk of being disproportionately affected by future checks and follow-up investigations increases. This creates a self-reinforcing dynamic of discrimination and stigmatization. This is why so-called “predictive policing” - the prediction of future crimes using technology - must be limited by fundamental rights.
INADEQUATE CONDITIONS AND PROCEDURAL SAFEGUARDS
As a serious encroachment on fundamental rights, data mining is only acceptable under strict conditions and for substantial purposes such as combating serious crime. However, the legislator in NRW has set the thresholds for such encroachments too low. For example, data analysis may also be used to combat offenses such as bribery of public officials. The procedural safeguards are also inadequate: as the analysis takes place in secrecy and those affected are not informed about it afterwards, it is effectively impossible for them to take legal action against the violation of their fundamental rights. Those affected must at least be informed of the data analysis so that their right to effective legal protection is guaranteed.
NATIONWIDE AGAINST DISPROPORTIONATE TIGHTENING OF POLICE LAWS
With the complaint, the GFF is seeking a ruling from the Federal Constitutional Court that the screening of citizens in NRW is unconstitutional. The complainants are campaigning for climate protection, among other things, and are concerned that they will be targeted by the North Rhine-Westphalian police if they take part in protest actions.
The GFF has long opposed the tightening of police laws in almost all federal states. Particularly in the context of automated data analysis, laws are repeatedly passed at state level that violate fundamental rights. In the state of Hesse, personal data is analyzed centrally and automatically using the big data analysis software Hessendata. In Hamburg, too, the police uses algorithms to create extensive personality profiles. The GFF has filed constitutional complaints against the respective state laws.
