EU Council's 'Chat Control' Proposal Exempts Official Communications, Drawing Criticism

Brussels, Belgium – A proposed European Union regulation aimed at combating child sexual abuse material (CSAM), widely dubbed "Chat Control," is facing significant scrutiny following revelations that the Council of the EU's version of the legislation includes an exemption for communications within official EU institutions. This provision has sparked concerns among digital rights advocates who argue it creates a two-tiered system for surveillance.

The Council's general approach to the proposed Regulation on preventing and combating child sexual abuse, adopted in June 2023, explicitly states that the rules "do not apply to services provided by Union institutions, bodies, offices or agencies when acting in their official capacity." Critics contend this means that while private citizens' communications could be scanned for illegal content, those of EU officials would be exempt. Digital rights organizations, including Statewatch and Access Now, have condemned this exemption as discriminatory, undermining the principle of equality before the law.

In contrast, the European Parliament adopted its negotiating position in November 2023, which does not include such an exemption for officials. The Parliament's text also seeks to protect end-to-end encrypted communications, stating that the new rules would not apply unless service providers voluntarily opt-in, and requires judicial authorization for detection orders. This divergence sets the stage for complex trilogue negotiations between the Parliament, Council, and Commission to reconcile their differing texts.

The core of the "Chat Control" debate revolves around balancing child protection with fundamental rights to privacy and data protection. While proponents emphasize the urgency of detecting and removing CSAM, opponents warn of the potential for mass surveillance and the undermining of secure communication technologies. The inclusion of an official exemption by the Council has intensified these concerns, highlighting perceived double standards within the legislative process.

Commenting on the situation, the social media account "No to Digital ID" stated in a widely shared post: > "EU Officials are exempt from Chat Control. You’ll be under surveillance, they won’t. Convenient." This tweet encapsulates the sentiment of many critics who view the proposed exemption as a significant ethical and practical flaw in the Council's approach to the regulation. The final form of the legislation will emerge from ongoing inter-institutional negotiations.