European Parliament advances child safety privacy balance
Child protection measures advance as the European Parliament preserves encrypted communications in the temporary exemption.
The European Parliament has adopted amendments to a temporary exemption from the EU’s ePrivacy rules, seeking to preserve voluntary detection of child sexual abuse material while strengthening protections for end-to-end encrypted communications.
MEPs voted to exclude communications protected by end-to-end encryption from the scope of the temporary derogation, reinforcing privacy protections while maintaining support for voluntary detection measures.
The amendments were adopted during Parliament’s second reading of the proposal. Although a simple majority initially voted to reject the Council’s position, the motion failed because it did not reach the required absolute majority of 360 votes. Parliament therefore proceeded to adopt amendments instead.
The amended text now returns to the Council, which has three months to approve or reject Parliament’s changes. If the Council does not accept all of the amendments, the proposal will move to conciliation negotiations.
The temporary derogation is intended to prevent a legal gap following the expiry of the previous exemption in April 2026. It allows electronic communications providers to continue voluntarily detecting, removing and reporting child sexual abuse material while EU institutions negotiate a permanent legal framework.
Earlier negotiations between the European Parliament and the Council failed to produce an agreement, allowing the previous temporary framework to expire before the proposal returned for a second reading.
At the same time, Parliament and the Council continue negotiations on a permanent legislative framework to combat child sexual abuse online. Most elements have already been agreed, with discussions continuing on issues such as the balance between child protection and fundamental rights, including privacy and secure communications.
Why does it matter?
The vote highlights the EU’s continuing effort to balance child protection with fundamental rights. By excluding end-to-end encrypted communications from the temporary derogation, Parliament is signalling that stronger safeguards against child sexual abuse should not come at the expense of weakening secure communications.
The decision also keeps voluntary detection measures in place while negotiations continue on a permanent framework. The outcome of those talks is likely to shape how the EU reconciles online safety, privacy and encryption in future digital regulation.
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