Proposed intelligence law alarms psychotherapists over therapy privacy

BR reports that a proposed reform of Germany’s intelligence legislation has drawn criticism from psychotherapists and patients who fear that highly personal therapy conversations could be monitored. The Federal Ministry of the Interior says such surveillance would be unlikely and subject to strict limits.

People in psychotherapy discuss fears, addiction and personal concerns they may share with no one else. Angelina Spitzig, 25, has been receiving psychotherapeutic treatment for two years after suffering from depression and panic disorder. She said she was initially “really horrified” when she heard about the planned reform because therapy should be a protected space.

The reform would give the Federal Office for the Protection of the Constitution, Germany’s domestic intelligence service, and the Federal Intelligence Service, which is responsible for intelligence abroad, more powers in response to growing threats from sabotage and espionage.

The draft distinguishes between professionals who are bound to secrecy. Doctors and psychotherapists would not receive the same level of protection as certain other professional groups. Under specific conditions, intelligence surveillance could therefore be considered.

Bruno Waldvogel, vice-president of the Bavarian Chamber of Psychotherapists, warned that this could damage the relationship of trust between therapists and patients. Trust, he said, was the basis of psychotherapy because it allowed patients to discuss matters associated with deep shame.

Waldvogel cited a former patient who had been involved in a far-right group and wanted to leave it. The patient had confided in him during therapy. He might not have done so if he had expected his statements to be intercepted by an intelligence service, Waldvogel said.

For particularly anxious, distrustful or severely mentally ill people, Waldvogel said, the therapy room might no longer feel sufficiently safe. In the worst case, they could open up less, end treatment or decide against seeking it altogether.

Ministry calls surveillance scenario unlikely

The Federal Ministry of the Interior rejected that risk. In response to a BR inquiry, it described the actual monitoring of a therapy session as an “unlikely scenario”. Intelligence interests could outweigh privacy concerns only when the threat being investigated reached a “qualified level of dangerousness”, the ministry said.

Special limits would apply to highly private matters. Under certain conditions, surveillance would be prohibited or would have to be interrupted or stopped. The ministry also said that conversations with doctors generally had no significant relevance because they did not serve specific intelligence objectives of the Federal Office for the Protection of the Constitution.

According to the ministry, the reform would not expand surveillance powers over professionals bound to secrecy, but would instead restrict them.

Experts question different levels of protection

Mark A. Zöller, a professor at LMU and an expert in intelligence law and data protection, criticised the different treatment of professional secrets in an interview with BR24. He questioned why the relationship of trust with a psychotherapist should be considered less deserving of protection than relationships with members of parliament, clergy or lawyers.

Zöller said surveillance was not carried out arbitrarily. The more serious the interference, the more substantial the intelligence-related grounds would have to be. However, he said the possibility of being monitored could itself be problematic. In everyday life, most people would probably not notice it.

The draft also provides for access to surveillance cameras, online searches, access to mobile phones and cameras, artificial intelligence-supported data analysis and biometric recognition. It also proposes broader surveillance capabilities, including the future use of Palantir software to link and analyse data.