Chatkontrolle: EU-Länder sind bei Verlängerung einig

The European Union member states have reached agreement on extending the so-called voluntary chat monitoring system, according to reports. On Wednesday, representatives of the member states confirmed their decision to accept the amendments proposed by the European Parliament. A formal resolution is expected by Thursday afternoon. The extension would allow platforms such as Google, Meta, and Microsoft to continue scanning private communications for known images of child sexual abuse, even though this practice violates current EU law. This process was unprecedented. In a last session before the summer break, the European Parliament approved a temporary extension until 2028, along with two amendment proposals aimed at limiting the practice to unencrypted messages and excluding direct device searches (Client Side Scanning, CSS). Known as “Chatkontrolle 1.0,” the procedure allows platform operators to scan communications within their networks for digital patterns of known child sexual abuse imagery. These companies have been conducting such checks for some time, although they are not legally required to do so, which is why the practice is referred to as voluntary. Such a review of private communication breaches existing EU laws. As a result, since 2021, there has been a temporary exception allowing these checks, which was initially extended once. However, because the European Parliament did not approve a second extension, the exception expired in April. To circumvent this, national governments and members of the European People’s Party (EPP) initiated a procedural maneuver to bring the issue back onto the agenda. The renewed proposal could only have been rejected by the European Parliament if it had received an absolute majority, which was not achieved. Thus, despite opposition from a simple majority, the controversial extension was accepted. Although the parliament passed two amendment proposals designed to exclude encrypted communication and prevent CSS, observers consider these changes cosmetic, as the platforms have already refrained from implementing them. Nevertheless, the move has drawn new lines in negotiations over a permanent legal basis for searching for child pornography. These discussions, previously stalled, were pushed forward by national governments and the EPP, particularly Germany and its affiliated parties, including the Christian Democratic Union (CDU) and Christian Social Union (CSU). Federal Chancellor Friedrich Merz, Interior Minister Alexander Dobrindt, and the Federal Criminal Police Office all criticized the lack of legal foundation for the measure. Data protection advocates have long opposed the initiative, calling the possibility of widespread scanning an unnecessary mass surveillance, ineffective in protecting children, and a violation of fundamental rights. Indeed, the European Commission's evaluation report found no compelling arguments supporting the measure. The actions taken by national governments and the EPP, with the support of Parliament President Roberta Metsola, have drawn considerable criticism. Critics argue that the European Parliament had already made a decision on the matter, yet the procedural tactics used allowed the extension to proceed despite the lack of consensus. This outcome highlights ongoing tensions between different political factions and the challenges of balancing security concerns with privacy rights in the context of digital governance.