- German police agencies in at least two states admitted to obtaining data from commercial data brokers, including advertising-industry location data.
- Privacy experts and data protection authorities say they cannot identify a clear legal basis that permits police use of such information.
- Regulators in Mecklenburg-Western Pomerania have launched an investigation into the practice amid concerns that it could bypass judicial oversight.
German police agencies have come under scrutiny after an investigation revealed that authorities in at least two federal states obtained data from commercial data brokers, including highly precise location information that facilitates the tracking of people’s movements.
The findings, published by netzpolitik.org and Bavarian Broadcasting (BR), mark one of the first confirmed cases of German law enforcement using data sourced from the advertising industry. The practice has already sparked criticism from privacy advocates, legal experts, and data protection regulators.
According to netzpolitik.org, all 16 state data protection authorities were questioned about the issue, and none identified a specific legal foundation supporting police to use commercially obtained location data.
Police Confirm Use of Data Broker Information
The investigation found that state criminal police offices in Brandenburg and Mecklenburg-Western Pomerania acknowledged using commercially available data during certain investigations.
Data brokers typically collect information through tracking technologies embedded in popular mobile applications. Although advertising purposes are why entities gather data, brokers package and sell it to third parties, frequently without users fully understanding how their information disperses.
These datasets can reportedly contain location information accurate to within a few meters. Analysts can use such data to build detailed movement profiles, revealing where a person lives, works, and spends time.
Researchers and security experts have long warned that the trade in location data creates significant privacy risks. Some also argue that hostile actors could exploit such information for espionage, surveillance, or sabotage activities.
The Brandenburg State Criminal Police Office confirmed that it uses commercial data providers when gathering intelligence related to specific criminal investigations.
According to the agency, authorities rely on data brokers and other providers of commercially available information to support investigations into cybercrime and economic crime. Officials said investigators primarily use the information to analyze relationships between suspects and criminal activities.
However, the agency declined to disclose additional details about the data sources, companies involved, or contractual arrangements, arguing that releasing such information could affect law enforcement operations and public safety efforts.
Privacy Regulators Launch Review
Authorities in Mecklenburg-Western Pomerania provided a similar response. The state’s criminal police office said it had occasionally used information from established commercial providers when investigating crimes such as cybercrime and financial offenses.
Following further inquiries, officials acknowledged that some of the information included location data originating from the advertising industry.
The agency did not clarify whether it purchased the data directly or accessed it through a third-party intelligence service. Officials also stated that they currently have no plans to continue using commercial datasets in future investigations.
The revelations prompted the state’s data protection authority to open an examination into the matter.
A spokesperson said police had previously informed the authority about a related product during an informal discussion. At that time, regulators expressed concerns about its deployment and questioned whether a sufficient legal basis existed to justify its use.
State Data Protection Commissioner Sebastian Schmidt later said that regulators only became aware the product had been used after journalists made inquiries. His office is now reviewing exactly what information police accessed and how they used it.
Experts Warn of Legal and Security Risks
Legal experts argue that the practice may violate existing safeguards designed to protect citizens from unwarranted surveillance.
Mark Zöller, a police law specialist at Ludwig Maximilian University Munich, called the situation deeply concerning and warned that authorities could gain access to information they would otherwise be prohibited from obtaining.
Schmidt also raised concerns that commercial location data could provide insights comparable to those gathered through mobile phone location requests. Such investigative measures normally require judicial approval before police can proceed.
He warned that authorities could effectively sidestep those judicial safeguards if they obtained similar information through commercial sources without a clearly established legal framework.
The same concern about bypassing safeguards arises with encryption laws. Australia’s new legislation gives authorities more power to access encrypted communications, raising questions about proper oversight.
The investigation has also reignited concerns about the broader data broker industry. Critics argue that by purchasing such information, government agencies may be helping sustain a market that many experts already view as a growing threat to privacy and European security.
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About the Author
Farwa is an experienced InfoSec writer and cybersecurity journalist skilled in writing articles related to cybersecurity, AI, DevOps, Big Data, Cloud security, VPNs, IAM, and Cloud Computing. Also a contributor on Tripwire.com, Infosecurity Magazine, Security Boulevard, DevOps.com, and CPO Magazine.
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