EU halts chat control. No agreement on mandatory monitoring of private chats

The regulation requiring private messages to be checked for evidence of child abuse appears to be a thing of the past—at least in the form that the majority of EU member states rejected.

Ursula von der Leyen. Photo: Yves Herman/File Photo/Reuters

Ursula von der Leyen. Photo: Yves Herman/File Photo/Reuters

The Danish EU Presidency does not intend to pursue the controversial plan for mandatory surveillance orders to detect child sexual abuse material (CSAM) on the internet. This was confirmed by Justice Minister Peter Hummelgaard to the press on Thursday.

At the beginning of its term, Denmark had revived the debate on the so-called “chat control” law. According to this law, online platforms and messenger services – including those with end-to-end encryption – could have been required to automatically scan chats for abusive material.

Several member states strongly opposed this invasion of privacy.

After a prolonged deadlock in the Council, Hummelgaard has now announced that the presidency intends to focus on a voluntary system instead. A discussion paper on this topic was sent to EU delegations on Thursday to gauge the positions of member states and facilitate a compromise.

At the same time, Denmark warns that without an agreement, even the currently permitted voluntary detection of abusive material could expire in April 2026. This would also end the existing legal framework that allows platforms to cooperate voluntarily.

The EU Commission's proposed legislation has been highly controversial for years. Critics see mandatory monitoring as a violation of data protection and communication secrecy and warn of “mass surveillance” of European citizens. Proponents, on the other hand, argue that without technical detection tools, many cases of child abuse would remain undetected.

If the Danish Presidency can find a workable compromise without mandatory scanning orders, the draft could enter trilogue negotiations with the EU Parliament for the first time after years of deadlock.

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