Agreement on Messenger Surveillance Reached

The government agreed on Wednesday at the Council of Ministers on the surveillance of messenger services in cases of specific threats. This was preceded by lengthy negotiations. ÖVP Interior Minister Gerhard Karner called the agreement now reached a "milestone in counter-terrorism in Austria." Surveillance should only be possible by order of a three-judge panel and under the supervision of a legal protection officer. However, not everyone at NEOS is satisfied with this.

Government Agreed on Messenger Surveillance

If there are more than 30 cases of application per year, a special report must be made to the responsible investigative committee, thereby countering the accusation of "mass surveillance." The surveillance of threats should only take place "when it is absolutely necessary for the investigations," Karner emphasized at a press conference on Wednesday. The conditions for surveillance have been "deliberately set very narrowly," because "we are not doing this for fun, but because we want the chance to confront terrorists on equal terms," said Karner.

SPÖ State Secretary for State Protection Jörg Leichtfried also agreed. Surveillance should only be used when there is imminent danger. However, it is clear: "This is an infringement of fundamental rights," and every intervention of this kind requires legal protection and protection against abuse, which is why harsh penalties are to be expected in cases of misuse. The draft, which went into review a few weeks ago, already contained "robust protection against abuse" and is now even more secure, according to the State Secretary.

"Strong Parliamentary Control"

NEOS club chairman Yannick Shetty saw it differently. They have always been in favor of a constitutionally compliant solution, but the ministerial draft did not meet these requirements, which is why they did not agree to it. "I am not aware of any other law that has been revised so comprehensively after the review as in this case." As party leader Meinl-Reisinger previously emphasized, he highlighted the "strong parliamentary control." Legal protection has been improved, as the legal protection officer now has twelve weeks instead of the initially planned two weeks to review it.

Furthermore, the legal text is so restricted that the software must be programmed in such a way that the limitation to only messenger services in the evaluation of the data must be possible. Every single file that has been evaluated from a mobile phone through this measure can be viewed at any time by the legal protection officer. Additionally, additional full-time positions in the area of IT expertise for the legal protection officer have been agreed upon, and it has been established that once the legal protection officer has made their assessment and the software has been found, the Minister of the Interior will implement the regulation by decree and enable the Constitutional Court not only to review the law but also the software.

Inspection Rights in Contract for Subcommittee

It was agreed that the parliamentary subcommittee would receive inspection rights in the contract with the software provider. A "whistleblower platform" will also be established, particularly for the Directorate of State Protection Intelligence Service. "I believe that in almost no other European country - almost all of which have such measures - is there such strict legal protection." To counteract abuse, the penalty for abuse should be "significantly increased" before the software is put into operation in two years, so that there is a "general preventive effect" for officials who receive a "powerful tool." Austria will, however, continue to maintain its veto against the EU chat control, Shetty noted.

Not everyone in the Pink ranks is happy with this: Constitutional spokesperson and Shetty's deputy Nikolaus Scherak announced in the Ö1 "Midday Journal" that he would vote against the proposal: "I am deeply convinced that NEOS, as a liberal party, cannot support such state surveillance software." The deputy Stephanie Krisper expressed her displeasure on Bluesky. Shetty saw "no news value" in the criticism from his own party and referred to the free mandate. Criticism also came from the FPÖ and the Greens.

"There is still a lot of hard work ahead of us"

The legal basis for the surveillance of potential threats is to be passed in the plenary session before the summer. This will create the foundation to tackle the technical implementation. Experts from home and abroad will be involved, and "the most modern technical means - which meet recognized international standards - will be acquired." Karner emphasized: "There is still a lot of hard work ahead of us, but we will consistently follow through on the path we have taken."

(APA/Red)

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