A legal association specializing in social democracy has welcomed a constitutional complaint filed against the Bavarian police’s use of the Palantir data analysis tool.
Antje Draheim and Harald Baumann-Hasske, leading figures within the Arbeitsgemeinschaft Sozialdemokratischer Juristinnen und Juristen (ASJ), stated Friday that a judicial review is necessary to determine the constitutional permissibility of comprehensive analysis tools like Palantir. They emphasized the potential for such instruments to link publicly and non-publicly accessible data, analyze it and project potential dangers and individuals deemed potentially dangerous through algorithmic calculations.
The ASJ is calling for a landmark ruling, arguing that the potential for severe infringements on the fundamental rights of uninvolved parties and the resulting atmosphere of perceived total surveillance are disproportionate to mere claims of preventing serious crimes.
The Palantir software was previously trialled at the European level within Europol, aimed at connecting data from EU member states. That evaluation concluded the software did not meet the requirements of Europol or its partner agencies within member states.
Experiences in Bavaria, according to the ASJ, have shown the software is being used not solely for the prevention of severe, terrorist crimes, but also in cases of less serious offenses. Constitutional complaints are already underway in North Rhine-Westphalia and Hessen, where the software has also been deployed. The association expressed concerns that monitoring instruments frequently expand beyond their initially intended application, ultimately failing to deliver the claimed increase in overall security.
Baumann-Hasske added a critical point regarding the software’s origin, highlighting the company’s founder, Peter Thiel. He questioned the appropriateness of procuring software for essential state surveillance and analysis from an individual, Thiel, who has publicly expressed views suggesting a belief that democracy is an unsuitable form of government and has a vested economic interest in surveillance practices.