The Council of the European Union has initiated a written procedure to adopt a draft regulation that temporarily derogates from the ePrivacy Directive to allow providers of number-independent interpersonal communications services to process personal data for combating online child sexual abuse. The deadline for member state delegations to respond is set for 2 July 2026 at 14:00 Brussels time, according to a Council communication published on that date.
The draft regulation, as set out in document 11261/26, authorises the processing of personal and other data using specific technologies to detect and report online child sexual abuse material. The Council's position at first reading and the accompanying statement of reasons are to be adopted via written procedure, limiting debate among member states. The measure temporarily overrides certain provisions of Directive 2002/58/EC, which protects the confidentiality of communications and prohibits unauthorised data processing.
The regulation aims to enhance child protection online by enabling targeted data processing by communication service providers. However, it raises privacy and data protection concerns for users, as it temporarily suspends key ePrivacy safeguards. The move sets a precedent for future derogations from EU data protection frameworks in the interest of public security, potentially affecting the balance between fundamental rights to privacy and the need to combat serious crime.
Stakeholders most impacted include providers of number-independent interpersonal communications services, who will be required to implement data processing technologies for detection purposes. EU citizens face reduced privacy protections during the derogation period, while child protection advocates may welcome the enhanced detection capabilities. Data protection authorities may face challenges in overseeing compliance with the temporary framework.
The Council's adoption of its position at first reading will be followed by the European Parliament's consideration, as the regulation is subject to the ordinary legislative procedure. The written procedure's swift timeline limits scrutiny, but the measure is temporary and subject to review.