Chat Control: the European Parliament bans access to end-to-end chats to identify abuses against minors
Chat Control: the European Parliament bans access to end-to-end chats to identify abuses against minors
The European Parliament has approved the extension of the regulation nicknamed "Chat Control 1.0", extending its effectiveness until April 3, 2028. The provision maintains the temporary exemption from European privacy regulations, allowing providers of certain online services to use automated systems to detect material related to sexual abuse of minors and grooming attempts within private communications. However, it includes some amendments compared to the text approved by the European Council, which is why the latter is called to re-examine it.
The measure was introduced in 2021 and had ceased to have effect last April after the Parliament rejected the renewal in March. Subsequently, however, the President of the Parliament, Roberta Metsola, reopened the examination, arguing that the failure to extend it would create a regulatory vacuum in the protection of minors online. On July 2, the European Council approved the extension, shifting the responsibility for the final approval back to Parliament.
The approval came through a parliamentary procedure that required an absolute majority to reject the text. Opponents did not reach the necessary threshold, and the extension thus passed. A first proposal for rejection received 314 votes in favor, 276 against, and 17 abstentions, while a second one garnered 276 votes in favor, 286 against, and 30 abstentions. However, as mentioned, the text underwent several changes that differentiate the new proposal from the original one approved by the Council.
The most significant amendment concerns end-to-end encryption. Eurodeputies approved a modification that "excludes from the scope of the regulation communications to which end-to-end encryption is applied, has been applied, or will be applied." In practice, services like WhatsApp and Telegram would not fall under the provisions of the law concerning conversations protected by this encryption system.
From a practical standpoint, the amendment has a limited impact because platforms still lack the ability to analyze the content of communications protected by end-to-end encryption. However, the modification takes on political importance as it feeds into the debate on the future Chat Control 2.0, the regulation dedicated to combating online sexual abuse of minors that is expected to take a permanent form.
Both Chat Control 1.0 and Chat Control 2.0 present substantial differences. The regulation currently extended allows online service providers to voluntarily adopt automatic detection tools. The permanent proposal, on the other hand, has been the subject of extended discussions among European institutions and member states.
In its original version, it provided for preventive checks on content directly on users' devices before the sending of messages. The text was subsequently modified and no longer explicitly imposes the adoption of such systems, although it requires platforms to take appropriate measures to mitigate risks.
Proponents believe that such tools can help combat the spread of child pornography and attempts to groom minors. Opponents, however, argue that such systems can compromise the privacy of communications, create false positives, and set a precedent for broader future checks on conversations and, more generally, on the private lives of citizens.
The legislative process for the extension is not yet complete. The text amended by Parliament will now be sent to the Council of the European Union, which will have three months to approve or reject the changes. In the event of no agreement, Parliament and Council will initiate a conciliation procedure to define the final version of the provision. At the same time, negotiations will continue on the permanent regulation Chat Control 2.0, with a new trilogue expected in the coming months.