Dr Jonas Botta as an Expert on the Reform of the Public Safety and Order Act in the Saxony-Anhalt State Parliament

On 24th April 2025, Dr Jonas Botta, a Research Associate at the NIPAG, presented his opinion as a parliamentary expert before the Committee for Internal Affairs and Sport of the Saxony-Anhalt State Parliament regarding the proposed reform of the Public Safety and Order Act of Saxony-Anhalt (SOG LSA) (LT-Drs. 8/5018). The reform primarily focuses on the introduction of new digital powers for the police.
In his statement, Dr Botta particularly recommended a comprehensive revision of the proposed legal framework for automated data analysis (Section 30a SOG LSA). The draft clearly aims to implement the rulings of the Federal Constitutional Court concerning police data mining. However, in its current form, the provision still infringes upon the fundamental right to informational self-determination. Specifically, several offences do not meet the required threshold for interference — namely, the protection of particularly significant legal interests, for which there must be at least a sufficiently concrete danger. Furthermore, the legal basis lacks an adequate oversight mechanism.
‘Should the State Parliament fail to address these issues, it would risk enacting legislation that is unconstitutional,’ Dr Botta stated during the hearing. Particularly in light of the pressing need to align policing with the challenges of the 21st century, such a scenario must be avoided with the utmost urgency.
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