The Ministry of the Interior has submitted the draft for the messenger surveillance law during the government retreat at the Chancellery. The possibility to access messaging services and read messages will be limited to cases that suggest terrorist and constitution-threatening activities. This includes, for example, the preparation of terrorist attacks or the formation of terrorist groups. Surveillance is also possible in cases of espionage.

Messenger surveillance will primarily apply to cases where it has already been determined through observation measures that the suspects are communicating via such channels. It must also be ensured that no other alternative instrument can be used. Each individual case of surveillance must be ordered by a judge and will be monitored by the legal protection officer.

Three Months of Surveillance Possible

In general, the messenger surveillance authorization, which applies to services like WhatsApp and Skype, can only be granted for three months. However, it can be extended. Afterward, the individuals affected must be informed that their messages have been monitored.

If the surveillance is applied in more than 35 cases in one calendar year, a special report must be made to the permanent subcommittee of the interior committee. The software to be used will not be defined by law. The issue will be clarified after the legal framework has been adopted.

Interior Minister Gerhard Karner (ÖVP) expressed relief during a press conference on the first day of the government retreat, saying that the draft (at least supported by ÖVP and SPÖ) was now available. Currently, the police have no way of knowing what terrorists and extremists are doing on messaging programs: “We need to be on equal footing.” He emphasized that the population would not be affected: “It’s about a few individual cases each year.”

SPÖ State Secretary Jörg Leichtfried also sees no danger of mass surveillance. The use of surveillance will be a last resort. Furthermore, he no longer has constitutional concerns, on the contrary, he sees “great constitutional stability.” He stated that the public should feel that the country is becoming safer.

NEOS Remain Critical

A decision on the measure is still a long way off. An extensive consultation period of eight weeks has been set. During this time, the NEOS still need to be convinced. In a statement from the smallest coalition partner, it was stated that today’s step “by no means” meant a decision had been made. During the consultation period, further intensive discussions will take place within the coalition. The NEOS still see “some room for improvement” in the current draft.

Party leader Beate Meinl-Reisinger was more cautious in a press statement in the afternoon. She acknowledged that improvements had already been made, such as the early possible involvement of the parliamentary subcommittee. However, she emphasized that the discussion was far from over and that it was just the beginning, referring to the long consultation period.

Opposition Skeptical or Rejecting

The opposition was skeptical or outright rejected the proposal. “I hope that the NEOS will retain a spark of political decency and will not give their approval to this mass surveillance tool from the ÖVP,” said FPÖ Secretary-General Christian Hafenecker in a statement. The Greens announced that they would closely examine whether the new draft of the government complies with constitutional requirements, unlike the recent ÖVP draft. “Where spyware and federal trojans are used, the next surveillance scandal is usually not far away,” warned the Green digital spokesperson Süleyman Zorba.

The messenger surveillance is expected to be approved before summer, but it will only become effective in 2027.