AI-Policy

Bundestag and Bundesrat approve AI surveillance by the Federal Police

4 min read

TL;DR Too Long; Didn’t read

On September 25, 2026, the Bundestag authorized the Federal Police to use AI facial recognition with 322 votes. The Bundesrat approved it on the same day. The new Federal Police Act allows biometric real-time matching and automated movement pattern recognition at train stations in acute danger. The Greens and the Left criticize a deep intrusion into fundamental rights.

Illustration of a surveillance camera with a red scan grid over a train station hall, marking a walking person like a passport-photo frame, next to an open law book with a paragraph symbol Image generated with GPT Image 2

Key takeaways

  • Bundestag achieved 322 of the 316 necessary yes votes on September 25 – needed due to the required chancellor majority.
  • A first voting attempt in July 2026 failed at the same hurdle.
  • Bundesrat approved the reform on the same day, the law requiring approval takes effect one day after its announcement.
  • Newly allowed: automatic biometric real-time matching of cameras with wanted photos in acute danger situations.
  • AI video analysis is expected to automatically recognize movement patterns such as drawing knives or falls onto the tracks.
  • The Greens and the Left voted unanimously against it, the AfD abstained.

The Bundestag and Bundesrat passed the reform of the Federal Police Act on September 25, 2026: The Federal Police is now allowed to use automatic real-time facial recognition and AI-supported movement pattern recognition at train stations. The Bundestag achieved 322 votes in favor, surpassing the minimum required 316 yes votes – this was the second attempt for the amendment that has been discussed since 2021.

Federal Police receives facial recognition and movement analysis

The new law allows the Federal Police to use automated real-time facial recognition at train stations and in other areas of responsibility – but only in special danger situations. As an example, the coalition mentions the search for kidnapped or missing children, whose photos can be automatically matched with camera images from train stations and airports, as ZDFheute reports. The areas of responsibility of the Federal Police include not only train stations but also airports, border crossings, and federal rail transport.

In addition, there is a second, legally independent authority: The Federal Police will be able to recognize certain movement and object patterns that indicate a crime using video technology – for example, when someone pulls out a knife, swings their fist, or falls helplessly onto the tracks. This AI behavior analysis is regulated separately from biometric facial recognition and, according to the coalition, operates without reference to names.

The law consolidates further powers that are independent of AI use, reports beck-aktuell:

  • Defensive measures against threatening drones
  • a source telecommunications surveillance against extremism and smuggling crime
  • the right of the Federal Police to apply for deportation detention and exit custody themselves
  • random checks in weapon and knife prohibition zones at train stations and on trains, regardless of cause

Second attempt succeeds after failed summer vote

The reform is classified as a consent law and requires what is known as the chancellor majority in the Bundestag: at least 316 yes votes from all members, not just those present. A first attempt in July 2026 failed to reach this threshold, as documented by netzpolitik.org. The Union and SPD then requested a named repeat of the vote.

This has already been a multi-year effort: An earlier draft for a modernized Federal Police Act failed in the Bundesrat in 2021, and the law currently in effect largely dates back to 1994. Across three federal governments, a fundamental amendment was thus missing until the current coalition of CDU/CSU and SPD reintroduced the draft.

On September 25, 322 members voted for the law, 134 against it, and 118 abstained – the coalition of CDU/CSU and SPD thus cleared the necessary hurdle. The Greens and Left voted unanimously against it, while the AfD abstained, as stated in the press release from the Bundestag. The Bundesrat approved the consent-requiring reform on the same day, as indicated by the session report of the Länder chamber.

The law will come into force one day after its announcement in the Federal Law Gazette. A specific calendar date for this had not yet been determined at the time of publication.

Coalition defends reform, opposition warns of infringement of fundamental rights

Federal Interior Minister Alexander Dobrindt (CSU) justified the reform by stating that the existing regulations largely date back to 1994, and the threat situation has changed significantly since then. CDU interior politician Alexander Throm added that train stations “must not be places of fear.”

Green interior politician Irene Mihalic countered that the coalition is deeply infringing on fundamental rights with biometric real-time surveillance. Left party member Clara Bünger warned that comprehensive surveillance would become the norm for millions of people. Both factions also criticized that earlier, civil rights-oriented provisions from older drafts had been removed from the final text.

The federal government is following suit with the reform, what individual states have already been testing: Berlin has been using AI video surveillance at Kottbusser Tor since August 2026, although without facial recognition. Unlike the Berlin state regulation, the new federal law applies nationwide and includes an additional, more far-reaching authority with biometric facial recognition. Civil rights organizations such as the Society for Freedom Rights have successfully challenged similar state police laws in the past before the Federal Constitutional Court. It remains open whether a constitutional complaint will also be filed against the new Federal Police Act and on what day it will specifically come into force.

Frequently asked questions

When does the new Federal Police Act take effect?

The law comes into force one day after its announcement in the Federal Law Gazette. A specific calendar date for this was not yet determined at the time of going to press.

Who is specifically affected by the new facial recognition?

It applies only within the jurisdiction of the Federal Police, such as at train stations, airports, and the border, and only in special danger situations like the search for missing or abducted persons.

Does the legal situation differ from the federal states?

Yes. Several states like Berlin are already using their own AI video analysis in state police; the new federal law exclusively regulates the powers of the Federal Police and goes beyond facial recognition.

Can the law be challenged in court?

Civil rights organizations like the Society for Freedom Rights have successfully challenged similar state police laws before the Federal Constitutional Court in the past. Whether they will also sue against this law is open.

Why did the Bundestag have to vote twice?

The law requires the so-called chancellor majority of at least 316 yes votes from all members. A first attempt in July 2026 missed this threshold.

Sources (5)
  1. Final vote on the modernization of the Federal Police Act (German Bundestag)
  2. Review of the plenary session on September 25, 2026 (Bundesrat)
  3. New Federal Police Act: The Bundestag has ushered in the era of automated surveillance (netzpolitik.org)
  4. Success on the second attempt: Bundestag approves Federal Police Act (beck-aktuell)
  5. The Federal Police is now allowed to use AI and facial recognition (ZDFheute)

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