Germany’s new Federal Commissioner for Data Protection and Freedom of Information, Moritz Hennemann, has launched a sharp critique of the government’s plans to reform the Freedom of Information Act. In remarks, Hennemann labeled the proposed changes a “erosion of information freedom” and signaled a firm stance on digital sovereignty.
A New Era for Data Protection
Hennemann, 41, assumed office on October 1st following his unanimous election by the Bundestag. A professor of law at the University of Freiburg, he succeeds Louisa Specht-Riemenschneider, who stepped down due to health reasons. His tenure is set to last five years.
Addressing concerns about his background, Hennemann rejected the idea that data protection and data usage are opposing forces. He views them as “two sides of the same coin,” with data usage requiring boundaries. He emphasized that data analysis is vital for economic growth and innovation, particularly in areas like Industry 4.0 and artificial intelligence. However, he made it clear that he will enforce the law without being overly harsh or lax, focusing on solutions rather than just prohibitions.
Hennemann supports the bundling of data protection oversight for the entire economy under the federal government. Currently, state authorities oversee regional businesses, while he oversees federal agencies. He argues this leads to uneven application of the law and legal uncertainty. Despite this, he insisted that state-level data protection officials will remain essential, especially for local police, schools, and non-profit organizations.
Regarding the European Union’s Digital Omnibus proposal to revise the GDPR, Hennemann called for a balanced approach. He supports making the regulation more practical but warns against blanket deregulation. He advocates for tiered obligations, suggesting stricter rules for high-risk players and data brokers, while easing burdens on small businesses and associations.
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When asked about the security services, Hennemann noted that recent cases involving former intelligence chiefs, such as August Hanning and Hans-Georg Maaßen, are “shocking” to him. He maintained that the intelligence services must operate on the ground of the Basic Law and play an important role in recognizing hybrid threats in a timely manner. He stated that effective control and the rule-of-law guidelines set by the Federal Constitutional Court are necessary, including data protection law.
Regarding the planned reform of intelligence oversight, Hennemann expressed that he would have preferred the data protection oversight over the services to remain at his agency. He noted that the Independent Control Council, to which the task is to be transferred, will be led primarily by former federal judges. He believes that the draft law does not yet fully meet the requirements for an effective and independent fulfillment of this task. For example, the Control Council is only required to report on its activities in 2031. Furthermore, the possibility for government bodies to prohibit or restrict this reporting, for example for the protection of the “welfare of the state,” goes too far.
Protecting the Right to Know
The source text notes a report suggesting the Federal Ministry of the Interior wants to restrict the BfDI to data protection issues again. This would revert the agency to its status before 2006. Hennemann clarified that he was unaware of any official position regarding this proposal. He stated he had only seen such ideas in the press.
Hennemann emphasized that modern concepts like Industry 4.0 and Industry 5.0 rely heavily on the digitalization, networking, and automation of production processes. These frameworks also place a strong emphasis on sustainability, ensuring that economic growth does not come at the expense of environmental goals. He believes that digitalizing the administration can effectively reduce bureaucracy and increase proximity to citizens.
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