Information and resources on automated data analysis

What is automated data analysis?

Searching through, analysing and linking millions of data points with a single click of the mouse: information from police databases, connection data from telephone surveillance, mobile phone content extracted from devices, and perhaps even information from social media. This is precisely what the police can do with automated data analysis – also known as ‘data mining’. The best-known data analysis tool is the software Gotham from US company Palantir. This software is now being used by the police in several German states. The idea is that the analysis program draws previously unidentified connections, thereby leading to new information in investigations.

The major problem is that it is unclear exactly how such data analysis tools establish these connections. Their decisions are not transparent – the algorithms remain a black box. Even people who have no connection whatsoever to criminal offenses can thus come under police scrutiny: it is enough, for example, to appear in a police file as a witness to an accident for one’s own data to end up in such data analyses.

Furthermore, data analysis reproduces errors in the underlying data: there is a risk that people who are already affected by police discrimination will become the target of investigations more frequently. This affects many marginalized groups, such as people of color. In addition, the software analyses citizens’ data secretly – those affected are unaware of this, just as they are unaware of any subsequent covert surveillance measures.

The GFF has lodged several constitutional complaints against powers relating to automated data analysis in German police laws. In 2023, we achieved our first significant success before the Federal Constitutional Court and secured the “data analysis ruling” regarding regulations from Hesse and Hamburg. Two further constitutional complaints are currently pending. These concern regulations from Bavaria and Hesse.

The landmark ruling by the Federal Constitutional Court (February 2023)

In February 2023, the Federal Constitutional Court issued a landmark ruling on automated police data analysis – prompted by constitutional complaints lodged by the GFF against the police laws in Hesse and Hamburg.

What the court decided

The Federal Constitutional Court declared the powers to carry out automated data analysis in both states to be unconstitutional. Data mining by the police is therefore not prohibited in principle – but is permitted only under strict conditions.

The more the data analysis interferes with fundamental rights – particularly the fundamental right to determine one’s own data – the stricter the conditions must be. The decisive factors here are, above all, what and how much data is included in the analysis and how extensive the analytical methods are. If data analysis is to be permitted under less stringent conditions, the law itself must restrict the data analysis, for example by excluding certain data sets.

If a data analysis incorporates a very large amount of data from uninvolved individuals and, for instance, also employs AI, it is considered a serious infringement of fundamental rights. It is only permissible to avert specific threats to particularly important legal interests. This means that security authorities may only use data analysis, for example, to protect human life, national security or critical infrastructure.

Only if the data analyses are restricted by the law itself may the conditions for their use be less stringent.

The laws in force at the time in Hesse and Hamburg did not meet these requirements. The legal basis left it entirely unclear from which sources, with what volume of data and for what purpose the police were permitted to carry out data mining. For such extensive data analysis, the thresholds for intervention were too low: automated data analysis must not be used to prevent less serious offenses.

The Federal Constitutional Court therefore declared the Hamburg law null and void. The court also found that the Hessian law likewise violated the Basic Law. However, it granted Hesse a transitional period to re-regulate data analysis, as the ‘Hessendata’ analysis platform (using Palantir’s Gotham software) was already in use.

What the ruling means

The ruling sets a precedent. It makes it clear that automated data analysis constitutes a wholly new level of intrusion – it is not a matter of traditional police work using advanced technology, but rather an independent, serious infringement of fundamental rights that requires correspondingly strict legal limits.

Why we have lodged further constitutional complaints

The Federal Constitutional Court obliged Hesse to amend its laws. However, even laws passed after the ruling – in Hesse, Bavaria and elsewhere – do not comply with the requirements set by the Court in Karlsruhe. The GFF has therefore lodged further constitutional complaints.

External Content from YouTube

Please see the privacy policy of YouTube if you are loading external content.

Load content

An overview of our cases

The GFF is conducting several strategic legal proceedings against the police’s use of automated data analysis. We have already secured an initial landmark ruling – further cases are still pending.

Completed cases

Hessian Police Act I (Hessendata)

In 2019, the GFF, together with several other organizations, lodged a constitutional complaint against the 2018 amendment to the Hessian Police Act. At the heart of the matter: the power to carry out data mining using the ‘Hessendata’ platform, which is based on Palantir’s Gotham software, as well as far-reaching surveillance and state Trojan powers.

• Outcome: In February 2023, the Federal Constitutional Court declared the power to carry out automated data analysis to be unconstitutional. Hesse was required to amend the law.

• Go to the case page

Hamburg Police Data Processing Act

Together with several organisations, the GFF lodged a constitutional complaint against the Hamburg Police Data Processing Act. The complaint challenged both the police’s power to use automated data analysis and the state Trojan powers of the Hamburg Office for the Protection of the Constitution.

• Outcome: In February 2023, the Federal Constitutional Court also declared Hamburg’s power to carry out automated data analysis to be unconstitutional.

• Go to the case page

North Rhine-Westphalia Police Act

In October 2022, the GFF lodged a constitutional complaint against the North Rhine-Westphalia Police Act. It enabled the police to automatically analyze a vast amount of data from a wide variety of sources in order to prevent criminal offenses. To this end, the North Rhine-Westphalia police used Palantir software Gotham as ‘DAR’ platform.

• Outcome: In late 2025, North Rhine-Westphalia made extensive amendments to the law. In February 2026, the Federal Constitutional Court declined to hear the constitutional complaint. Even under the new legal framework, the North Rhine-Westphalian police are permitted to use Gotham.

• Go to the case page

Ongoing proceedings

Hessian Security and Public Order Act (HSOG) – 2023 Amendment (Hessendata II)

Following the Federal Constitutional Court’s 2023 ruling, Hesse amended its police law – without truly complying with the requirements set out by the Court in Karlsruhe. Instead of drawing clear boundaries, the legislature left essential rules of engagement to the police themselves. The GFF lodged a further constitutional complaint in June 2024.

• Status: Pending before the Federal Constitutional Court; the constitutional complaint has since been served on the other parties to the proceedings

• Go to the case page

Bavarian Police Tasks Act (BayPAG) – Art. 61a (VeRA/Palantir)

The Bavarian Police Tasks Act permits the police to carry out data mining. In doing so, the VeRA platform, which is based on Palantir’s Gotham software, analyses vast amounts of data and establishes connections – including to uninvolved individuals who have given no cause for state investigation. The Bavarian police used VeRA for at least a year without any legal basis. The GFF lodged a constitutional complaint in July 2025 with the support of the Chaos Computer Club (CCC).

• Status: Pending before the Federal Constitutional Court

• Go to the case page

Dcouments & resources

Here you will find all the key documents and resources relating to our work on automated data analysis: including complaints, judgements and statements.

Constitutional complaints

Hessian Security and Public Order Act & Hessian Act on the Protection of the Constitution (Hesse I)

• Complaint (July 2019)
• Judgment of the Federal Constitutional Court (February 2023, link to the BVerfG website)

Hamburg Act on Police Data Processing & Hamburg Act on the Protection of the Constitution

• Statement of complaint (November 2020)
• Judgment of the Federal Constitutional Court (February 2023, link to the BVerfG website)

Amendment to the Hessian Security and Public Order Act (Hesse II)

• Statement of complaint (June 2024)

Bavarian Police Duties Act

• Statement of appeal (July 2025)

Advisory opinions

Bundes-VeRA (Federal Criminal Police Office and Federal Police)

• Statement on the motion by the CDU/CSU Bundestag parliamentary group “Ensuring the operational capacity of law enforcement agencies – revising the decision of the Federal Ministry of the Interior and Homeland regarding the police analysis software Bundes-VeRA” (April 2024)

Planned use of automated data analysis in Saxony-Anhalt

• Statement on the draft of the Eleventh Act amending the Act on Public Safety and Order of the State of Saxony-Anhalt (May 2025)

Planned use of automated data analysis in Baden-Württemberg

• Statement on the draft of an Act introducing automated data analysis and amending further provisions of police law (August 2025)

Planned use of automated data analysis by the Federal Criminal Police Office, Federal Police and law enforcement agencies:

• Statement on the Federal Ministry of Justice’s draft bill amending the Code of Criminal Procedure in the area of digital investigative measures (April 2026)
• Statement on draft bills by the Federal Ministry of the Interior to strengthen digital investigative powers (April 2026)