EU DECODED: How to balance rights to privacy with combatting online child sex abuse?
The European Union is grappling with the challenge of balancing individuals’ privacy rights with the imperative to combat online child sexual abuse. An existing exemption allows online service providers to voluntarily detect, report, and remove child sexual abuse material (CSAM), but this exemption is set to expire in April 2026, necessitating new legislation.
The European Commission has proposed a regulation that would make it mandatory for service providers to scan communications for CSAM, a practice critics refer to as “Chat Control.” This proposal has sparked a debate between ensuring child safety and protecting privacy rights. Privacy advocates argue that such measures could lead to mass surveillance and undermine end-to-end encryption, compromising the security of digital communications. Conversely, proponents emphasize the need for robust tools to prevent and combat child sexual abuse online.
The European Parliament’s Committee on Civil Liberties, Justice, and Home Affairs (LIBE) has voted to remove indiscriminate chat control, allowing for targeted surveillance of specific individuals or groups under reasonable suspicion, while protecting encrypted communications. This decision aligns with a February 2024 ruling by the European Court of Human Rights, which stated that requiring degraded end-to-end encryption “cannot be regarded as necessary in a democratic society.”
As the April 2026 deadline approaches, EU institutions continue to seek a balanced approach that effectively addresses online child sexual abuse without infringing on fundamental privacy rights. The outcome of this legislative process will have significant implications for both child protection and digital privacy within the EU.
