MEP Birgit Sippel (S&D) has submitted a parliamentary question to the European Commission challenging the legal basis for US-based tech companies such as Meta, Snapchat, Google, and Microsoft to continue scanning private communications in the EU. The question, filed on 16 April 2026, targets the absence of Regulation (EU) 2021/1232, which previously provided a temporary derogation for scanning child sexual abuse material. Sippel argues that without this regulation, such scanning violates the ePrivacy Directive and the GDPR, and risks undermining democratic accountability and fundamental rights.
first, she asks the Commission to identify the legal basis for providers to continue scanning and to specify enforcement actions against companies processing data without a derogation. Second, she queries whether any continued scanning by US providers is compatible with Article 5(1) of the ePrivacy Directive and Articles 5, 6, and 9 of the GDPR, absent explicit consent or another valid legal basis. Third, she calls for measures to prevent providers from unilaterally interpreting or bypassing EU law, including infringement proceedings or cooperation with the European Data Protection Board.
The question reflects a policy orientation toward strict enforcement of EU privacy rules and skepticism of self-regulation by US tech giants. It signals a cleavage between fundamental rights protection (privacy, data protection) and business interests of US-based platforms that rely on scanning for content moderation and advertising. The Commission is expected to reply within six weeks; its answer will indicate whether it prioritizes enforcement or allows continued scanning pending new legislation.
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