The European Parliament is poised for a second vote this week on legislation that would extend a temporary framework allowing technology companies to scan private online communications for child sexual abuse material (CSAM). The move comes after an earlier rejection in March, and the European People’s Party (EPP) has employed an unusual procedural tactic to increase the chances of approval.
The original legal framework, which expired on 3 April, permitted platforms like WhatsApp and Messenger to voluntarily derogate from e-privacy rules to identify users suspected of sharing CSAM. A temporary extension proposed by the European Commission was rejected by the Parliament in March, with 311 votes against, 228 in favour, and 92 abstentions. Critics have dubbed the legislation “chat control” due to its implications for privacy, particularly concerning end-to-end encrypted communications.
Procedural Maneuver by the EPP
The EPP, the largest group in the Parliament, revived the temporary extension through a rarely used legislative procedure. EPP MEPs largely voted against the extension in March because of amendments introduced by Socialist rapporteur Birgit Sippel and other left-wing lawmakers, which aimed to restrict the scope of scanning. EPP leader Manfred Weber has pushed for the extension to be adopted without any changes.
According to sources familiar with the matter, on 17 June the EPP requested Parliament President Roberta Metsola to advance the interim file, and no other group objected. The following day, Metsola urged EU leaders to “move on” with the legislation during her intervention at the EU summit. Member states subsequently agreed to reinstate the interim measure last week. The version adopted by EU countries contains no substantive changes and would allow online service providers to detect, report, and remove online child sexual abuse until 2028.
Privacy Concerns and Opposition
“Children are protected by smart enforcement, not by scanning the private messages of millions of innocent people,” Greens/EFA MEP Ignazio Marino told Euronews, defining the law as “mass surveillance.” The legislation has drawn sharp criticism from privacy advocates and some lawmakers who argue it undermines fundamental rights to privacy and data protection. The debate echoes broader concerns about digital surveillance, similar to those raised in the context of AI safety rules for children.
Under the “ordinary legislative procedure,” a text is adopted unless an absolute majority of all MEPs—at least 361—reject or amend it. Despite its name, this procedure is seldom used in drafting EU law, as Parliament and Council typically adopt their own positions and then negotiate the final version. “Usually, when the Parliament rejects a text, the Council stops working on it and the Commission eventually withdraws it. Now, we are forced into a second vote that questions the essence of democracy,” Greens/MEP Markéta Gregorová told Euronews, blaming the EPP for imposing their priorities through an unusual move.
What Happens Next
The vote on the extension is scheduled for Thursday, provided the Parliament approves the urgent procedure requested by the EPP on Tuesday. The EPP is pushing to adopt the interim rules as soon as possible, arguing that the measure is necessary to protect children from online abuse. The outcome remains uncertain, as the procedural twist gives supporters a significant advantage but does not guarantee passage.
This legislative battle highlights the ongoing tension between child protection and privacy rights in the digital age, a challenge that resonates across the European Union and beyond. As the debate continues, the implications for encrypted communications and user privacy will be closely watched by civil society, tech companies, and policymakers alike.
