This software seems to be omnipotent: huge amounts of data are connected at an incredible speed. It only takes a few seconds to fully satisfy the police's curiosity: name, age, address, fines, previous criminal reports. Combined with data from mobile phones and messages and behavior on social networks, it is possible to create a profile of any person in the blink of an eye.
With the help of artificial intelligence, it is possible to enter completely new dimensions of electronic espionage. The surveillance program of the American firm Palantir is making the dreams of the police and secret services come true. In three of Germany's 16 federal states – Bavaria, Hesse and North Rhine-Westphalia – this is already a reality. And it represents a big problem from the perspective of privacy protectors and human rights organizations, because, apart from suspects, innocent citizens can also find themselves under surveillance.
Constitutional complaints against Bavaria and Hesse
The non-profit Organization for Civil Liberties (GFF) wants to prevent such cases, but in principle opposes the use of programs such as those made by Palantir. That's why she filed a constitutional complaint for mass data processing in Bavaria.
"Even the one who files the report becomes a victim of a criminal offense or, if he is simply in the wrong place at the wrong time, he can become a target because of the software," says GFF lawyer Franciska Gerlitz.
From the perspective of this Berlin-based organization, unrestricted data processing violates the basic right to informational self-determination and confidentiality of communication - which is guaranteed by the German Constitution.
Persons who are on the radar of the police in the course of an investigation do not learn anything about it. According to current legislation, the police in Bavaria are allowed to use Palantir's software even when there is no specific threat. This, however, ignores the standards that have been applied in Hesse since 2023 following a successful constitutional lawsuit by the GFF.
The Federal Constitutional Court has not yet ruled on a similar lawsuit against North Rhine-Westphalia, where the authorities also use Palantir's software.
Non-transparent software
The Chaos Computer Club (CCC), a non-governmental organization that is also the largest European association of hackers dedicated to IT security problems, joined the constitutional lawsuit against Bavaria. His spokeswoman Constance Kurtz talks about the "Palantir pattern of investigation" in which the police have a system of storing data for different purposes.
The combined data ends up in the non-transparent software of the company Palantir, on which the police becomes dependent in the long term," says Kurcova. Such and similar aspects are for many clear reasons for excluding Palantir from use.
In Bavaria, the software of the American billionaire Peter Thiel has been used since 2024, and in Hessen since 2017. This entrepreneur with German roots has a reputation as a person with authoritarian goals and maintains close ties with the American secret services and the US president. Palantir's Gotham program has long been used by the US Secret Service and military.
The media reports that the American company has been given unlimited access to the databases of the Bavarian police. The computer code is allegedly located on servers in Germany. But there is no guarantee that the copies did not end up in the US.
"Digital politics is the politics of power"
The obvious and growing dependence on foreign tech giants like Palantir does not suit Germany's ambitions at all. It seems that the ruling parties of the Union (CDU/CSU) and the Social Democratic Party of Germany (SPD) are also aware of this. "Digital politics is the politics of power," says their coalition agreement.
It defines ambitious goals: "We want a digitally sovereign Germany. That is why we will reduce digital dependencies by developing key technologies, ensuring standards, protecting and expanding digital infrastructures. We are creating European integrated and resilient value chains for key industries - from raw materials to chips to hardware and software."
Despite this, Interior Minister Aleksander Dobrint (CSU), responsible for internal security, apparently leaves the door open for the US secret services, as he does not rule out the possibility of buying Palantir's software for the Federal Criminal Bureau (BKA) and the Federal Police. His predecessor Nancy Fezer (SPD), on the other hand, banned the use of those programs in 2023.
Can Europe develop similar software?
The president of the Federal Criminal Office (BKA) Holger Münch hopes to get "homemade" software similar to Palantir's as soon as possible. Considering the geopolitical development, he would prefer a German or European solution to the problem.
"We must not become dependent on partners that we do not know how they will treat us tomorrow or the day after," Minh stressed.
Civil liberties organization GFF has received strong support for its lawsuit against the use of Palantir's software. On the Kampact petition platform, a political appeal to ban the software in Germany was signed by almost 264.000 people within a week.
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