After years of debate, Austria’s National Council passed legislation on Wednesday afternoon allowing surveillance of messenger services. The decision faced opposition not only from the FPÖ and Greens but also from members of the governing coalition. NEOS lawmakers Nikolaus Scherak and Stephanie Krisper voted against the proposal. The new law permits state security services to read both unencrypted and encrypted messages on apps like WhatsApp and Signal.
However, this authority applies only in narrowly defined cases—specifically, matters involving terrorism, threats to the constitution, or espionage. The surveillance can initially be approved for up to three months, with the possibility of extension. Multiple layers of approval are required, including oversight by a legal protection officer and the Federal Administrative Court.
FPÖ Sees “Mass Surveillance Fantasies”
The FPÖ labeled the law as a fantasy of the Interior Ministry aimed at spying on citizens. Security spokesman Gernot Darmann called it unconstitutional and claimed critics of COVID-19 measures might be targeted. Fellow MP Michael Schilchegger warned of increased security risks, citing the vulnerabilities exploited for such surveillance. The FPÖ argued these should be reported and closed instead.
Former Justice Minister Alma Zadić (Greens) emphasized her party had successfully opposed the law for five years in government. Her colleague Süleyman Zorba said it was not a matter of if the power would be abused, but when. He doubted that only specific messages could be monitored and feared full device access. The Greens are considering a constitutional challenge. Zadić concluded: “Limiting freedom has never led to more security.”
Dissent Within NEOS
NEOS showed visible discomfort. Party leader Yannick Shetty admitted this was “not a flagship project” for NEOS. He noted improvements to legal safeguards were made during the review process but ruled out any future expansion to cover other criminal cases. General Secretary Douglas Hoyos emphasized: “We won’t go a millimeter further.” Shetty also expressed respect for Scherak’s dissent. Despite two NEOS votes against, the law passed with 105 in favor and 71 opposed.
Interior Minister: “A Milestone for Security”
Interior Minister Gerhard Karner (ÖVP) called it a major step for law enforcement and state protection. Since terrorists no longer use letters or landlines, he argued, the law was needed to keep pace. ÖVP security spokesperson Ernst Gödl said it is the legislature’s duty to confront those threatening liberal democracy and prosperity.
State Secretary Jörg Leichtfried (SPÖ) described messenger surveillance as a “last resort.” SPÖ security spokesman Maximilian Köllner criticized the FPÖ for politicizing the issue, stressing the strict conditions for using the tool: “Every mouse click must be documented.”
