The state commissioner for data protection and information freedom in North Rhine‑Westphalia, Bettina Gayk, is fighting attempts to abolish her office. She told the “Rheinische Post” (Monday edition) that the premier had stressed how important public trust in the state is. Data‑protection commissioners at the federal and state level play a key role in preserving that trust by mediating disputes, advising on sound data‑processing practices and constitutional law, and, if necessary, stepping in decisively when citizens’ fundamental rights are infringed.
In 2024 there were roughly 12,000 complaints and requests, while in the previous year the number rose above 18,000. In particular, Gayk noted a more than 60‑percent jump in complaints from affected residents about specific privacy breaches. These submissions include not only formal complaints but also requests for guidance and reports of data breaches.
Gayk warned that in the current climate it is fashionable to portray data protection as an obstacle to security, a narrative she calls dangerous. “Security agencies must be granted the powers they need for investigations, but those powers must also be used proportionately to protect all citizens” she said. “This requires a precise legal description of the conditions and limits under which such powers may be exercised”.
She emphasized that a true rule‑of‑law country is one in which the exercise of authority over citizens is governed by clear rules. “This is especially true for the powers of security agencies. If there are no clearly defined boundaries, such powers can themselves create significant uncertainty” she warned. The lack of boundaries, she said, erodes public trust.
Regarding recent legislation concerning domestic intelligence and police law, Gayk reported that the so‑called security obstacle narrative has already tangled data protection in a way that harms public confidence. She added that her suggestions for tightening the constitutionally required limits on new powers have largely been swept aside.