Brussels’ fiercest privacy battle is back on the table. Using a procedural manoeuvre, MEPs forced a fresh vote on scanning private messages for child sexual abuse material. Blocking the measure will now require a much bigger majority than opponents mustered this week.
The so-called ‘chat control’ saga has taken many turns. On Tuesday, MEPs narrowly approved a plan, via a procedural loophole, to vote again on Thursday. At stake is whether to extend a rule allowing social media and messaging companies to scan private communications for child sexual abuse material (CSAM).
Normally, tech giants such as Meta, Google and Microsoft are barred from scanning private messages. A special exemption allowed them to do so if the aim was to detect CSAM, but that exemption expired in April.
Anger over procedure
Tuesday’s vote used an ‘urgent procedure’ and passed narrowly: 331 votes in favour, 304 against, and 11 abstentions. The tight margin reflects the divisive nature of the question. It also signals the anger of many MEPs, who see the move as an attempt to bypass Parliament’s normal rules of procedure.
Markéta Gregorová (Greens/EFA/CZE), the Greens/EFA negotiator on the file, said: “Despite my warning on the plenary floor that today’s vote violates our own rules of procedure, the European Parliament decided to use an urgent procedure for Chat Control 1.0. This means that on Thursday we will once again vote on extending the derogation that allowed online platforms to scan our private communications. Because this is a second reading, rejecting or amending the proposal will now require an absolute majority of Members of the European Parliament – 361 votes.”
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Ms Gregorová further accused the European People’s Party (EPP) of “abusing its position as the largest political group to bring back a proposal that Parliament had already rejected.” She added: “This is unprecedented. This is no longer just about protecting privacy, it is about protecting our democracy. No means no. That is why I also cannot understand colleagues who supported the urgent procedure and are so willingly dancing to the tune of the Council and the Commission.” This follows the collapse of talks in March, when MEPs voted against extending the temporary rule, causing it to lapse in April.
The EPP was not alone in pushing for the vote. According to media reports, four European Commissioners wrote to MEPs on Monday, urging them to back the proposal. “Disrupting detection seriously weakens our collective ability to identify abuse, support victims, and stop offenders,” they wrote.
A permanent alternative
Some MEPs argue there are alternatives. Negotiations are already under way on a permanent regulation to protect children from sexualised violence online.
In these negotiations, the EU Parliament has been advocating for a paradigm shift in online child protection: mandatory detection orders targeting suspects instead of indiscriminate mass scanning at the industry’s discretion.
— Patrick Breyer, digital rights advocate and former MEP
Patrick Breyer, a digital rights advocate and former MEP, explained: “In these negotiations, the EU Parliament has been advocating for a paradigm shift in online child protection: mandatory detection orders targeting suspects instead of indiscriminate mass scanning at the industry’s discretion, an EU child protection centre for the systematic removal of known abuse material from the public internet, safety requirements for messaging apps to prevent cyber grooming.”
Thursday’s plenary vote requires only a simple majority to pass. But because this is a second reading, opponents of Chat Control 1.0, including Breyer, would need 361 votes to block or amend it.
