BfDI criticizes the law on the use of automated systems at the FIU

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Summary:

The German Federal Commissioner for Data Protection and Freedom of Information (BfDI) has criticized the draft law aiming to strengthen the risk-based approach of the Central Office for Financial Transactions Investigations (FIU). The BfDI argues that the draft law lacks clear regulations on when automated data analyses can be performed. The Commissioner emphasizes the need for clear boundaries to ensure a proportionate use of data processing, as the FIU's powers are too broad and violate constitutional provisions. The draft law grants the FIU the authority to conduct automated data analyses, including the use of self-learning systems, to combat financial crimes. However, the BfDI believes that such an approach constitutes a significant intrusion into the right to informational self-determination and should only be considered with special protective measures in place.