Austria: Council of Ministers approved regulation on surveillance pertaining to national security threats

On 18 June 2025, Austria’s Council of Ministers approved a regulation enabling the monitoring of individuals deemed potential threats to national security. The regulation applies to activities related to national security enforcement and may impact encrypted messaging services used by individuals suspected of terrorism or extremism. It highlights that surveillance will only be permitted under strict conditions, including that it must be based on reasonable suspicion of a terrorist act, authorised by a three-judge panel, continuously overseen by a legal protection officer, and limited in scope and duration. The regulation would apply only to crimes threatening the constitutional order or punishable by over ten years imprisonment. The regulation also requires a special report if more than 30 cases are authorised per year.