SECURITY TAKES BACKSEAT AS NEW JUSTICE MINISTER

C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 001377 SIPDIS STATE FOR S/CT, EUR, L E.O. 12958: DECL: 10/30/2029 TAGS: PGOV PREL PTER KJUS KHLS GM SUBJECT: SECURITY TAKES BACKSEAT AS NEW JUSTICE MINISTER FOCUSES ON DATA PRIVACY REF: A. BERLIN 1167 ¶B. BERLIN 988 ¶C. 2008 BERLIN 504 ¶D. 2008 BERLIN 354 Classified By: Minister-Counselor for Economic Affairs, Robert A. Polla rd for reasons 1.4 (b) and (d). ¶1. (C) SUMMARY: Germany's new Federal Justice Minister, Sabine Leutheusser-Schnarrenberger, has strong views on individual liberties and personal privacy that are likely to lead to complications with the USG concerning law enforcement security cooperation and data sharing. Leutheusser-Schnarrenberger was the driving force behind the FDP's coalition negotiations on domestic security policy. She succeeded in creating new structures to promote data protection policy and to review existing counterterrorism legal frameworks in order to protect privacy rights. She will work to further enhance data protection measures and increase oversight of security agencies' use of personal data in investigations. Her record as a parliamentarian and earlier term as Justice Minister (1992-1995) suggests that she is inclined to favor data protection measures over the need for security-related information sharing for counterterrorism purposes. In particular, she is a staunch opponent of the U.S.-German "Pruem-like" agreement to share personal information on serious crime and terrorism suspects and is critical of the ongoing U.S.-EU negotiations concerning the Terrorist Finance Tracking Program. END SUMMARY. ¶2. (C) Leutheusser-Schnarrenberger is a member of the Free Democratic Party (FDP) and was the FDP's chief negotiator during coalition negotiations with the Christian Democrats on internal affairs, justice and security policy. The FDP has a long tradition as a strong defender of citizens' privacy rights. These views have led the FDP to oppose all of Germany's recent counterterrorism legislative proposals, as well as voice concerns about U.S.-German and U.S.-EU information sharing initiatives such as Passenger Name Record (PNR) and elements of the Visa Waiver Program that involve sharing information on travelers (ref A). Justice Ministry contacts have told EconOff that they predict "it would not get easier" for the USG in dealing with Leutheusser-Schnarrenberger given her strong views on these issues. In her view, overzealous security policy has compromised citizen rights and freedom over the past decade. MoJ officials highlighted her opposition to our bilateral "Pruem-like" agreement (ref D) that creates a platform for automated fingerprint checking of serious crime and terrorism suspects as an example of her more restrictive views on law enforcement data sharing. ¶3. (C) During the coalition negotiations, Leutheusser-Schnarrenberger successfully raised the profile of data privacy issues. The agreement includes modifications to existing legal frameworks and structures that increase oversight of security agencies' use of personal data. In particular, a heightened layer of court approval will be required for online investigations of terrorism cases (ref C); the coalition will conduct a mid-term review of the recently passed law that outlawed training at overseas terrorist camps and criminalized a number of activities related to terrorist attack preparation and distribution of extremist propaganda (ref B); and an evaluation will be performed of all government security-related databases. Furthermore, the Federal Data Commissioner's office will gain more staff and resources and a new Data Protection Foundation will be established. ¶4. (C) Leutheusser-Schnarrenberger was not successful in inserting a number of her most expansive data protection goals into the coalition agreement. In particular, she argued unsuccessfully for new data privacy legislation that would have added new protections to private sector information. ¶5. (C) There are three areas in which we expect Leutheusser-Schnarrenberger's emphasis on data protection to complicate USG security cooperation both bilaterally and with the European Union. BERLIN 00001377 002 OF 002 - Bilateral Pruem-like agreement: Although the agreement has been passed by both the Bundestag and Bundesrat, signed by the President and published in the federal gazette, it cannot be implemented until objections raised by a Green Party Hamburg state senator are resolved. Hamburg Justice Senator Steffen has raised concerns about the agreement, mainly regarding data protection issues, and introduced them into a federal-state mediation body and a state justice ministers conference. Leutheusser-Schnarrenberger was a staunch opponent of the agreement throughout its development and is now in a position to influence how Steffen's motions will be handled. We are not optimistic that she will work to resolve the matter quickly. - HSPD-6 terrorist screening data sharing: Justice Ministry contacts suggest it will be difficult to obtain Leutheusser-Schnarrenberger's consent to enter into negotiations on a Homeland Security Presidential Directive 6 (HSPD-6) agreement to share terrorist screening information. The character of the HSPD-6 initiative, which involves sharing personal data records of potentially tens of thousands of individuals, is likely anathema to the new minister. Nevertheless, we are prepared to approach the Justice Ministry in the near future to ascertain their views on a HSPD-6 agreement. - Terrorist Finance Tracking Program (TFTP): Leutheusser-Schnarrenberger inserted language into the coalition agreement specifically addressing the ongoing U.S.-EU TFTP negotiations that seek to establish a successor framework to the SWIFT system. The coalition agreement directs Germany to call upon the EU to work towards a higher level of data protection during the negotiations including strict limitations on the use of TFTP data, no automatic access to the system, data deletion requirements, clear rules on sharing information with third parties and legal redress. Murphy