EU member states have reinstated a temporary derogation allowing major platforms to detect and remove child sexual abuse material, extending the rule until 3 April 2028. The move follows a recent stopgap approved by lawmakers to buy time for a permanent solution. End-to-end encrypted services such as WhatsApp, Telegram and Signal are exempted from the interim measure, though that exemption does not signal permanent acceptance. The decision highlights the ongoing tension between online-safety priorities and privacy concerns amid stalled talks since a 2022 Commission draft.
EU Reinstates Temporary Rule Letting Big Tech Scan For Child Sexual Abuse Material — Encrypted Apps Exempt
Illustration of 3D printed Facebook, Signal and WhatsApp logos and keyboard buttons on a computer motherboard
BRUSSELS — EU member states on Thursday moved to close a legal gap by endorsing a temporary measure that allows major platforms such as Google and Meta to detect and remove online child sexual abuse material without breaching certain privacy rules.
The derogation to the ePrivacy Regulation, which had been in force from 2021 until it lapsed in April, will be reinstated and remain valid until 3 April 2028. The decision comes two weeks after EU lawmakers approved a stopgap procedure intended to buy time while negotiators work toward a permanent solution.
FILE PHOTO: European Commission President Ursula von der Leyen
What Was Agreed
All 27 EU countries backed the proposal but accepted a lawmakers’ amendment exempting end-to-end encrypted services — such as WhatsApp, Telegram and Signal — from the interim measure. Governments stressed that this temporary exemption should not be read as a commitment to allow scanning of encrypted communications in any eventual permanent rules.
"With the green light given, we have moved quickly to address the legal gap that existed when the derogation to the ePrivacy Regulation lapsed in April," said Irish Justice Minister Jim O’Callaghan.
Why This Matters
The move reflects a difficult balance between strengthening tools to detect and remove child sexual abuse material online and protecting users’ privacy and security. Privacy advocates warn that broad scanning powers could create surveillance risks, while online-safety supporters say effective detection tools are vital to protect children. The debate has helped stall agreement on permanent rules despite a European Commission draft published in 2022.
For now, the interim measure keeps detection mechanisms legally available to platforms (except for specified encrypted services) while negotiations continue on a longer-term framework.
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