EU Rejects CSAM Scanning Extension - Chat Control Update

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The European Parliament has rejected a proposal to extend interim measures that permitted online service providers to voluntarily scan private messages for child sexual abuse material (CSAM).

During today's plenary session, MEPs voted down the European Commission's attempt to prolong a temporary exemption from the ePrivacy Directive, with 311 opposing, 228 supporting, and 92 abstaining. This exemption had allowed platforms to voluntarily detect, report, and remove CSAM while permanent legislation was being developed.

The Commission had presented this proposal as a bridging solution to maintain current detection capabilities during negotiations on the controversial Child Sexual Abuse Regulation (CSAR), commonly known as "chat control." Although Parliament established its negotiating stance on March 11, 2026, discussions with the Council of the European Union have not yielded agreement.

Parliamentary divisions were evident in voting on specific amendments, with one critical amendment succeeding by just a single vote—307 to 306—highlighting the deep split among legislators regarding detection authority limits.

Parliament's approach favored a narrower extension than the Commission's original proposal, with reduced detection scope and a shortened timeline ending in August 2027. These modifications aimed to balance proportionality concerns with stronger protections for fundamental rights, especially communication confidentiality.

The interim regulation, previously extended in 2024, will now lapse after April 3, 2026. This development introduces immediate legal ambiguity for online platforms that depended on this exemption to lawfully conduct voluntary CSAM scanning of user communications.

This decision represents a notable departure from Parliament's position earlier this month, when MEPs approved extending the same exemption with enhanced protections. As reported previously, legislators endorsed amendments mandating that private communication scanning be targeted and judicially authorized, effectively opposing blanket mass surveillance of user messages.

Following the derogation's expiration, platforms subject to the ePrivacy Directive may lack clear legal authorization to voluntarily scan private messages, particularly where such activities might contradict communication confidentiality protections.

Parliament has maintained readiness to negotiate permanent legislation since November 2023, while the Council finalized its position in November 2025. Inter-institutional discussions continue, though fundamental disagreements remain, particularly concerning detection technology scope and whether client-side or bulk scanning should be authorized.

For both users and service providers, the practical consequence involves stricter compliance with existing privacy regulations. EU-operating platforms must reevaluate their CSAM detection methods to ensure ePrivacy Directive compliance after the exemption ends. Organizations managing user communications may need to depend more substantially on user reporting mechanisms, verified hashed CSAM databases, and law enforcement collaboration instead of proactive private message scanning.

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