Berlin Senate proposes covert video surveillance and broad IFG exemptions for critical infrastructure

The Berlin Senate has introduced amendments to the Berlin Data Protection Act and the Freedom of Information Act (IFG) that would permit authorities to monitor public spaces with video cameras without mandatory signage when the locations are classified as critical infrastructure. The draft law also expands IFG exemptions to 13 sectors – including energy, transport, health, water, media, culture and finance – allowing agencies to refuse information requests without a case‑by‑case risk assessment.

Critics such as Wikimedia Deutschland, the transparency project FragDenStaat and the Berlin data‑protection ombudsman warned that the changes could shut down public access to information, undermine transparency and erode the preventive effect of visible surveillance. They argue that existing law already protects sensitive data and that removing signage would impede citizens’ ability to avoid monitored areas.

The proposals were prompted by the sabotage of Berlin’s power grid in January 2026 and are presented as a measure to safeguard essential services. Opponents contend that the legislation goes beyond what is needed for security and threatens fundamental rights to information and privacy.