Germany - February 2023
Police use of surveillance software ruled unconstitutional
The use of Palantir surveillance software by police in Hesse and Hamburg was ruled unconstitutional. The system relied on data from intelligence agencies, allowing police in Hesse and Hamburg to process personal data to prevent crime, and was contested by the German Society for Civil Rights, who brought the case to the court. The group claimed that the software used people's data to provide leads and could also create errors, as well as prompt risk of police discrimination. A court statement defined the provisions as violation of the right to informational self-determination. As a result, the state of Hesse has until 30 September to modify the provisions, while in Hamburg the legislation was nullified as the technology was not in use yet. The court ruling aligned with the request from the EU’s Fundamental Rights Agency to test artificial intelligence algorithms used in predictive policing to avoid discrimination biases.