On one hand, they want to enable messenger surveillance, and on the other hand, they are examining whether additional powers are needed for entering residences. This is already possible in various scenarios according to the Aliens Police Act.

Specifically, the executive can enter properties and workplaces, for example, to check whether the supply meets the requirements of basic care. The same applies to apprehend a smuggled person or a person engaging in illegal prostitution. Security forces can also enter if it is justified to assume that at least three foreigners are present in the premises, including one who is not legally residing in the federal territory.

Furthermore, security forces can enter places to discover a foreigner who is not legally residing in the federal territory engaging in unauthorized employment. The same applies if a search warrant is present.

Terrorist Attack in Villach: Easier Controls in Private Accommodations

The Ministry of the Interior now wants to make increased use of these possibilities. Additionally, options are being sought to conduct easier controls in private accommodations. Therefore, a mandate has been issued to the relevant experts of the BMI to further develop powers in this area. Corresponding legislative changes could be initiated by the future government.

The Ministry of the Interior and state security have long been fighting for access to messenger surveillance, which is only actively supported by the ÖVP. The FPÖ and NEOS have shown opposition in recent months, while the Greens want a legally compliant solution. After all, the Constitutional Court has already overturned such a regulation once. The SPÖ has recently shown the most openness.

The Ministry of the Interior itself developed a legislative proposal last year. According to this, messenger surveillance could only be applied to prevent particularly serious attacks that endanger the constitution, which carry a penalty of at least up to ten years imprisonment or are related to espionage activities. Furthermore, according to the draft law, the scope of data that may be monitored must be precisely defined. Finally, a comprehensive control system was proposed, in which the legal protection officer could raise concerns in advance.

(APA/Red)

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