REGULATION

EU Vote May Restore Chat Scanning Exemption

Image credit: Unsplash

The European Parliament is set to vote again on temporary rules that would restore an expired ePrivacy exemption allowing online services to voluntarily scan communications for child sexual abuse material.

The measure, called “chat control” by critics, expired on April 3 after lawmakers failed to agree on an earlier extension.

Council Wants Exemption Extended to 2028

EU member states adopted their position on July 2, calling for the interim system to return as soon as possible. The Council wants the exemption to run until April 3, 2028, while the EU continues work on a permanent child sexual abuse regulation.

The temporary measure allows online service providers to detect, report and remove child sexual abuse material on their platforms, even where that activity would otherwise conflict with electronic communications privacy rules.

Supporters say the exemption helps platforms report abuse, identify victims and support police investigations while the longer-term framework remains unfinished.

Parliament Needs Absolute Majority to Block Text

The file returned to Parliament under second reading after the Council adopted the Commission’s original proposal. That raises the voting threshold for opponents.

Parliament can reject or amend the Council position, but it needs an absolute majority of all MEPs to do so. If lawmakers fail to reach that threshold, the Council position can move forward.

Parliament first had to decide whether to handle the file under urgent procedure. If approved, the vote on the substance of the extension can take place in the same plenary week.

Privacy Groups Warn of Renewed Scanning

Privacy groups and some MEPs argue the Council-backed version could restore broader scanning of private messages, emails and chats.

Parliament’s earlier position supported an extension only with tighter limits, including targeted measures, judicial safeguards and protections for end-to-end encrypted communications.

The Council-backed text does not include the same restrictions. Opponents say that could revive the old interim system rather than the narrower version Parliament supported before talks broke down in March.

Temporary Rules Remain Separate From CSAM Law

The vote is separate from the EU’s permanent child sexual abuse regulation, which remains under negotiation. That wider proposal has been more contested because of disputes over scanning orders, encrypted services, age checks and how platforms should detect grooming or abuse material.

The next step is Parliament’s vote on the Council text. If opponents cannot gather an absolute majority to reject or amend it, the temporary ePrivacy exemption could return and remain in place until 2028.

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