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| Bundesamt für Verfassungsschutz (BfV) | |
 Emblem of the Federal Office for the Protection of the Constitution | |
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 BfV headquarters inCologne | |
| Agency overview | |
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| Formed | 7 November 1950; 74 years ago (1950-11-07) |
| Jurisdiction | Government of Germany |
| Headquarters | Cologne 51°01′10″N6°53′29″E / 51.01944°N 6.89139°E /51.01944; 6.89139 |
| Employees | 4,414 (2022) |
| Annual budget | €469 million (2022) |
| Minister responsible | |
| Agency executives |
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| Parent agency | Federal Ministry of the Interior |
| Website | www.verfassungsschutz.de |
TheFederal Office for the Protection of the Constitution (German:Bundesamt für Verfassungsschutz orBfV, oftenBundesverfassungsschutz) isGermany's federaldomestic intelligence agency. Together with theLandesämter für Verfassungsschutz (LfV) at the state level, thefederal agency is tasked withintelligence-gathering on efforts against theliberal democratic basic order, the existence and security of the federation or one of its states, and the peaceful coexistence of peoples; withcounter-intelligence; and withprotective security and counter-sabotage.[1] The BfV reports to theFederal Ministry of the Interior and tasks and powers are regulated in the Federal Constitutional Protection Act (Bundesverfassungsschutzgesetz [BVerfSchG]). The last President wasThomas Haldenwang; he had been appointed in 2018[2] and left office in November 2024. The next president is supposed to be assigned by a new government following the2025 German federal election.[3]
Together with theFederal Intelligence Service and theMilitary Counterintelligence Service, the BfV is one of the threefederal intelligence services.
The BfV investigates efforts and activities directed against the federal level of Germany ortransnational, in matters offoreign policy significance and at the request of astate authority for the protection of the constitution.[4] Thefederal government has the right to issue instructions to thestates in matters relating to the protection of the constitution if an attack on the "[...] constitutional order of the federation occurs."[5]
The BfV is overseen by theFederal Ministry of the Interior as well as theBundestag, theFederal Commissioner for Data Protection and Freedom of Information and other federal institutions. The Federal Minister of the Interior has administrative and functional control of the BfV. Parliamentary control is exercised by the Bundestag in general debate, question times and urgent inquiries, as well as by its committees, most notably theParliamentary Oversight Panel and theG 10 Commission [de]. The BfV is also under judicial control and all its activities can be legally challenged in court. Based on the right of information, the general public can direct inquiries and petitions at the BfV.[6]
The BfV does not have any police powers or authority to issue instructions. It may also not request thepolice, by way of administrative assistance (Amtshilfe), to take measures for which it itself is not authorized.[7]
The BfV is based inCologne.[8] It is headed by a president and two vice-presidents and is organised in twelve departments:[9]
In 2022 federal funding for the BfV was €469 million; with a total of 4,414 staff members employed.
General mandate: A prerequisite for warding off dangers posed by enemies of thefree democratic basic order is comprehensive information of state bodies and the public about anti-constitutional efforts and developments, with the aim of defending the values of the basic order. The BfV is responsible for providing an early warning system ("Frühwarnsystem").
The specific tasks of the BfV arise from § 3 of the BVerfSchG (Tasks of the Office for the Protection of the Constitution) in conjunction with § 5 of the BVerfSchG (Distinction between the federal government and the states):
One of the BfV's main tasks is to collect and evaluate information, such as factual or personal information, news or documents about efforts directed against the free democratic basic order. It is therefore part of the concept of adefensive democracy, according to which an early warning system is set up in order to "identify threats in advance of a specific danger in order to be able to react to them politically and/or legally in a timely manner."[11]
These include political or violent activities that endanger the security or existence of theFederal Republic of Germany due to their anti-democratic attitudes or intentions, such asextreme left orright-wing parties and organizations orterrorist groups.
TheFederal Police's Center for Information and Communication Technology (Zentrum für Informations- und Kommunikationstechnik (IKTZ)) supports the BfV in the field of radio technology in accordance with § 10 of the Federal Police Act (Bundespolizeigesetz (BPolG)).
In 2008, the heads of the constitutional protection authorities specifically called for the strategic monitoring of relevantInternet exchange point such as theDE-CIX.[12]
The BfV's legal mandate is to investigate "security-endangering or intelligence-related activities [...] for a foreign power" (§ 3 of the BVerfSchG), i.e. to counter espionage and sabotage within the country. To this end, the BfV investigates the activities of foreign intelligence services in order to prevent espionage activities and sabotage measures against political and public institutions (e.g. political parties or government agencies) or commercial enterprises. This also includes uncovering illegal business or the leakage of know-how that could serve to further proliferate nuclear, biological or chemical weapons.
Corresponding activities that take place abroad, however, are monitored by theFederal Intelligence Service.
Countering espionage in the area of theBundeswehr or the area of responsibility of theFederal Ministry of Defense (§ 1 of the Law on the Military Counterintelligence Service(Gesetz über den militärischen Abschirmdienst (MADG)) is the task of theMilitary Counterintelligence Service (MAD).
In the area of counter-espionage, the BfV distinguishes between A, B and C states. The A states are dealt with particularly intensively. In 2022, these includedRussia,China,Turkey,Iran andNorth Korea. In the case of the B states, 21 in 2022, there is no permanent observation, but rather the processing of individual suspected cases. In the case of the C states, 172 in 2022, no intelligence means are used in principle. Suspected case processing is possible in every category. Even today, the BfV's counter-espionage department deals with those former members of theMinistry for State Security (Stasi) of theGerman Democratic Republic who continue to work in intelligence services, mostly on behalf of Russia. Since 2015, Department 4, responsible for counter-espionage, has been growing, and later responsibility for cyber defense was also placed in this department. A few weeks after the start of theUkraine war in 2022, the office applied for an additional 50 positions for Department 4.[13]
Another area of responsibility of the BfV is the protection of secrets and economic security. In relation to the work of the BfV, this includes regulations and instructions or recommendations that are intended to ensure the protection ofclassified information belonging to the state and the industry commissioned by it (protection of secrets) or oftrade secret (economic security) from unauthorized access. The BfV offers publications on the Internet[14] and advice to commercial enterprises. In addition, the BfV carries out security checks for personnel (Sicherheitsüberprüfung) in areas of commercial enterprises that aresubject to secrecy. Since 2008, the information transfer between the BfV and the economy has been carried out by the Working Group for Economic Security (Allianz für Sicherheit in der Wirtschaft) in the Economic Security Department (Ressortkreis Wirtschaftsschutz).[15]
In the 2018 report on the protection of the constitution, the BfV divides the politically motivated crime objects for reconnaissance and observation into the following fields:
Politically motivated crime (Politisch motivierte Kriminalität (PMK)) refers to and records crimes that constitute state security crimes (Staatsschutzdelikte). These include §§ 80 to 83, 84 to 91, 94 to 100a, 102 to 104a, 105 to 108e, 109 to 109h, 129a, 130, 234a and 241a of theCriminal Code (StGB).
Examples of groups of people whose individual members have been or are being interviewed or observed by the BfV and affiliated organizations are:
The primary purpose of intelligence gathering is to inform thefederal and state governments as well as the public, who must then draw political conclusions from the findings.[11]
The prerequisite for surveillance by the BfV is the existence of actual evidence. This determination can be checked by the person being observed in court. In order to establish the basis for surveillance in a way that is legally binding, the BfV must have the opportunity to carry out an investigation. This can only be done by evaluating publicly accessible sources, which is not yet relevant tofundamental rights in the case of public communication content. At this stage, the BfV refers to a test case (Prüffall).
If the investigation reveals suspicion of anti-constitutional activities, the BfV initiates a suspected case (Verdachtsfall). The BfV is now allowed to collect personal data and carry out investigations using individualintelligence means. This includes in particular the use of observers who specifically attend events. Undercover employees or communication surveillance are not permitted in this case unless other requirements are met.[11]
The BfV, together with the state authorities for the protection of the constitution, uses a computer system calledNADIS to store personal data.
While the BfV uses all kinds ofsurveillance technology andinfiltration, they mostly useopen sources.[1] The BfV publishes a yearly report (Verfassungsschutzbericht) which is intended to raise awareness about anti-constitutional activities.[16]
The BfV obtains most of its information fromopen-sources such as newspapers, television, the Internet, leaflets and the like. In addition, employees attend public information events run by monitored organizations.
According to § 8 of the BVerfSchG, the BfV is permitted to useintelligence means (Nachrichtendienstliche Mittel (nd-Mittel)). For example, the BfV obtains information from informants (Vertrauenspersonen) who move in extremist or terrorist circles. Recruiting informants in right-wing extremism is considered easier because they often have financial problems, want to be considered important and tend to have a positive attitude towards the state. Left-wing extremists, on the other hand, are more ideologically stable and reject state institutions.[13]
The BfV is permitted to conduct observations, make secret image and sound recordings and use cover plates (Tarnkennzeichen) and cover papers (Tarnpapiere).
The BfV is also authorized to monitor mail andtelecommunications (Brief- und Telekommunikationsüberwachung, recording telephone conversations, internet and other data transmissions, mobile phone cell queries). When carrying out these actions, however, it is bound by theAct on Restrictions on the Secrecy of Mail, Post and Telecommunications (G-10 Act;Gesetz zur Beschränkung des Brief‑, Post- und Fernmeldegeheimnisses). The monitoring of bundled telecommunications (gebündelte Telekommunikation; e.g. via satellite or in internet exchange point) is reserved for theFederal Intelligence Service according to § 5 G-10 Act.
The BfV uses virtual agents who use various profiles insocial networks to try to obtain information and infiltrate groups.[13]
In counter-espionage, all intelligence means are used, including the use ofdouble agents, who are calledcountermen in the BfV, as well as undercover employees according to § 9a BVerfSchG, who are also calledundercover agents (UCA) within the BfV.[13]
Online-Durchsuchung means that authorities access thehard drive of a person'scomputer using software installed while using theInternet, a so-calledTrojan horse (also known as a Federal trojan horse (Bundestrojaner) in Germany). The data stored on the hard drive is transmitted to the authorities secretly and over a longer period of time. The BfV does not provide the public with any information on the practice ofOnline-Durchsuchungen. WhetherOnline-Durchsuchungen by authorities are generally permissible is controversial.[17]
The BfV works with domestic and foreign intelligence services. In at least one case, the BfV has turned to US authorities for help in unmasking a US spy. The spy was from theNSA, who was spying on theGerman Parliamentary Committee investigation of the NSA spying scandal (1. Untersuchungsausschuss "NSA").
The BfV employed[clarification needed]civil servants (Beamte). As in the rest of the federal service, the careers for civil servants are divided into simple, middle, upper and higher service. All employees must go through an extended security check with security investigations before they can work in the BfV. It's the highest security check in Germany. The BfV trains its staff for the middle and higher service itself, together with theBND.
For the Middle-Service (German:Mittlerer Dienst) the training conveys the theoretical knowledge and methods as well as the practical professional knowledge and skills that are required for the fulfillment of the tasks in the middle service in the Federal Office for the Protection of the Constitution. In addition, the training should enable the candidates to act responsibly in a liberal, democratic and social constitutional state. This also includes the ability to recognize and classify potential dangers for the security of the Federal Republic of Germany in a national and international context.
The subject areas of the theoretical training are operational procurement and observation, operational information analysis, state and constitutional law, criminal law, laws on the intelligence services and other laws relating to intelligence services, international politics and forms of political extremism, security fields relating to intelligence services, in particular self-security, counter-espionage, intelligence-psychology, foreign language training as well as household, cash and accounting. The training takes place at both the ZNAF and the AfV.
In a close connection between science and practice, the upper-service conveys the scientific methods and knowledge as well as the practical professional skills and knowledge that are required for the fulfillment of the tasks in the higher service in the federal constitution protection. In addition, it lays the foundation for a cross-agency knowledge and method base. The course is intended to promote cooperation between the intelligence services and contribute to the standardization of intelligence work.
In the basic course, legal, constitutional, political, business, economic, financial and social science fundamentals of administrative action are taught, as well as organization and information processing. Topics of the main course are operational procurement and observation, intelligence service information evaluation, state, administrative, criminal, international and European law, international politics and the history of political ideas as well as forms of political extremism, internal security, counter-espionage, intelligence-psychology, foreign language training and intelligence service relevant topics from business and technology. A thesis has to be written during the preparatory service. The training takes place at both the ZNAF and the AfV.
Above all, the BfV offers fully qualified lawyers entry into the higher non-technical administrative service as a junior executive with direct employment as a civil servant.
An indirect predecessor of the federal office existed already in theWeimar Republic from 1920 to 1929, theFederal Commissioner for Monitoring of the Public Order [de].[18]
In the course of drafting theBasic Law for the Federal Republic of Germany, the military governors of theTrizone outlined the competences of federal police and intelligence (German:Polizeibrief of 14 April 1949). In accordance with this outline the BfV was established on 7 November 1950. At first the BfV was mostly concerned withNeo-Nazism and communist revolutionary activities. Soon the BfV also became involved in counter-espionage.[19]
From the beginning, the BfV was troubled by a number of affairs. First, in theVulkan affair in April 1953, 44 suspects were arrested and charged with spying on behalf ofEast Germany (GDR), but were later released as the information provided by the BfV was insufficient to obtain court verdicts. Then, in 1954 the first president of the BfV,Otto John, fled to the GDR. Shortly after that it became public that a number of employees of the BfV had been with theGestapo during theThird Reich. Nevertheless, material on theCommunist Party of Germany (KPD) was essential for banning the party by theFederal Constitutional Court of Germany in August 1956. Over the years, a number of associations and political groups were banned on the basis of materials provided by the BfV.[19]
In 1965, theBrown Book exposed that a large number of BfV officers had previously held prominent positions inNazi Germany. Initially dismissed as "Communist propaganda", subsequent historical research confirmed its accuracy to be up to 99%.[20][21][22] For instance, their head from 1955 to 1972,Hubert Schrübbers [de], had been a member of theSA, a Nazi judicial prosecutor involved in cases against racially and politically persecuted individuals who were later murdered inAuschwitz, and anSS executioner inoccupied France.[23][24][25][26][27][28]
Since 1972 the BfV is also concerned with activities of foreign nationals in Germany, especially extremists and terrorists who operate in the country or plan their activities there, such as theKurdistan Workers' Party. One of the major intelligence failures in this field were the riots by supporters of the PKK in 1998, which the BfV missed due to theCologne carnival.[19]
The counter-intelligence activities of the BfV were mostly directed against the East GermanMinistry for State Security (Stasi), another employer of ex-Gestapo agents. The MfS successfully penetrated the BfV and in a number of affairs destroyed its reputation as a counter-intelligence service by the early 1980s. In this, the MfS profited from the West German border regime which allowed any GDR citizen into the Federal Republic without restrictions.[19]On 19 January 1979, MfS officerde:Werner Stiller fled from East to West Germany. Before, he had delivered many secret documents.On 26 June 1981, the MfS executedWerner Teske.
From 1992 to 2006, the BfV was monitoringThe Republicans party.
In 2018 Franziska Schreiber, former leader of the youth wing of AfD, asserted that BfV PresidentHans-Georg Maaßen had given AfD leadership advice on how to avoid BfV scrutiny.[29] Maaßen later downplayed reports of anti-migrant "hunts" in Chemnitz.[29]
As of May 2025, the BfV designates theAlternative for Germany (AfD) as a right-wing extremist organisation.[30] AfD leadersAlice Weidel andTino Chrupalla said the decision was "clearly politically motivated" and was a "severe blow to German democracy". They pretended that the AfD is being discredited andpersecuted by the government.[31] On May 5, the AfDsued the Federal Office for the Protection of Constitution, accusing it of violating theGerman constitution by trying to prosecute AfD for saying ideas which are consideredfreedom of speech and legitimate criticism of Germanimmigration policies.[32][33]
The BfV has responsibility for combattingterrorism in Germany. It has drawn harsh criticism for its role in several bungledcounterterrorism operations.[citation needed]
Shortly afterGerman reunification, an undercover BfV agent named Klaus Steinmetz successfully infiltrated theRed Army Faction (RAF), theFar Leftterrorist organization founded byAndreas Baader,Ulrike Meinhof, andGudrun Ensslin. As a result, Third Generation RAF leadersBirgit Hogefeld andWolfgang Grams were to be taken into custody by German law enforcement at the railway station atBad Kleinen,Mecklenburg-Vorpommern on 27 June 1993. Instead, both Wolfgang Grams andGSG 9 police officerMichael Newrzella died during an ensuing gunfight. Due to a number of easily preventable mistakes involving the BfV and the various police services involved in the operation, Germany's Federal Minister of the Interior,Rudolf Seiters, took full responsibility and resigned from his post.[citation needed]
The even more preventable failure of the BfV to even detect the activities of the9/11 conspirators in Hamburg has similarly raised questions about their competence. The rise offar right extremism in the former GDR has also been partly blamed on the BfV's failure to establish working structures there.[19][34]
The agency was heavily criticised for the destruction of files related to theNational Socialist Underground, aneo-Nazi domestic terrorist organization. The ensuing scandal led to the resignation of BfV presidentHeinz Fromm in 2012.[35]
Hans-Georg Maaßen, who led the agency from 2012 to 2018, has since criticised the agency as "out of control" in how it observes political parties.[36] Maaßen was forced out of his role as BfV president in 2018, in part for passing information to AfD leadership from unpublished reports on extremism.[37][38]
The Federal Office for the Protection of the Constitution, headed byOtto John, featured in the 2023 political thriller seriesBonn – Alte Freunde, neue Feinde.[39]
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