Austria Nears Agreement on New Espionage Law Targeting Wider Foreign Intelligence Activity

Austria is close to reaching an agreement on a new espionage law, with the legislation expected to enter formal consultation shortly, according to State Secretary for State Protection Jörg Leichtfried.

Leichtfried said the government wants to move quickly on the package, arguing that stronger legislation would allow Austria’s Directorate for State Protection and Intelligence, or DSN, to act more effectively against foreign intelligence activity. He identified Russia, China and Iran as the principal state actors currently active in Austria.

The planned reform would address a longstanding feature of Austrian criminal law: espionage activities are currently punishable under Section 256 of the Criminal Code when a secret intelligence service is established, operated or supported “to the detriment of the Republic of Austria.” The offense currently carries a prison sentence of six months to five years.

The proposed legislation is intended to broaden that framework so that intelligence activity conducted from Austrian territory could also be prosecuted even when it is not explicitly directed against Austrian interests.

Vienna seeks broader counterintelligence powers

The reform has particular significance for Vienna, which hosts the United Nations Office at Vienna, the International Atomic Energy Agency, the Organization for Security and Co-operation in Europe and a number of other international bodies.

A draft prepared earlier this year would extend legal protection against espionage to international organizations and EU institutions and agencies, while also broadening the definition of intelligence activity conducted “to the detriment of Austria.” The proposed changes are also intended to strengthen Austria’s response to sabotage and hybrid threats.

Austria’s existing legal framework has attracted particular scrutiny because foreign intelligence officers operating in the country may gather information on third countries or international organizations without necessarily falling within the traditional definition of espionage directed against Austria itself.

The issue has gained renewed attention this year as Austrian authorities increase their focus on foreign intelligence operations and hybrid threats.

Austria’s 2025 domestic intelligence report said espionage and intelligence activity by state actors remained at a high level, with technological know-how, research and strategically important economic capabilities increasingly targeted. The DSN recorded 27 suspected espionage-related acts involving 16 identified individuals during 2025.

Military intelligence reform also under discussion

The civilian espionage legislation is being discussed alongside a separate overhaul of Austria’s Military Powers Act.

According to reporting by Der Standard, the Defense Ministry is seeking new authorities for Austria’s two military intelligence services, including the ability to penetrate foreign computer systems abroad under defined circumstances.

The proposed military legislation would also allow the services to use IMSI catchers, technology capable of imitating cellular infrastructure to identify nearby mobile devices and collect certain location-related information. Government agreement on those expanded powers has not yet been reached.

The two military services are the Heeresnachrichtenamt, Austria’s military foreign intelligence service, and the Abwehramt, which is responsible for counterintelligence and security within the armed forces.

Leichtfried said the espionage package should now move into Austria’s formal consultation process quickly. A final legislative text has not yet been published, meaning the precise scope of the changes could still be altered before the proposal reaches parliament.