On 1 July 2026, the Council of the European Union initiated a written procedure to adopt its first-reading position on a draft Regulation that temporarily derogates from certain provisions of the ePrivacy Directive (2002/58/EC). The derogation would allow providers of number-independent interpersonal communications services to process personal and other data using specific technologies to detect and report online child sexual abuse material. The move aims to enable swift legislative action while balancing child protection with privacy rights.
The draft Regulation establishes a time-limited derogation, pending permanent legislation, and authorises service providers to use technologies for detecting and reporting child sexual abuse material. The Council's position at first reading, along with a statement of reasons, is set to be adopted through the written procedure. This temporary framework may influence future EU digital policy on child safety and could set a precedent for other areas of digital surveillance.
The proposal raises significant privacy and data protection concerns due to the derogation from ePrivacy rules, but it enhances the ability of law enforcement and service providers to combat online child sexual abuse. The regulation impacts several stakeholders: EU citizens face a trade-off between privacy and child protection; service providers gain legal clarity for detection technologies but may incur compliance costs; law enforcement benefits from improved detection capabilities; and EU regulatory bodies must oversee the temporary framework and its transition to permanent legislation. The Council's adoption is expected to be followed by the European Parliament's consideration, as the regulation requires co-decision.