In recent weeks and months, we have received thousands of mails regarding the proposal for an EU law “to prevent and combat child sexual abuse” (so-called “chat control”). Our Green Group and I share your concerns about privacy, security, and democratic fundamental rights.

Our position: against indiscriminate mass surveillance, protecting children in line with fundamental rights

The Greens/EFA Group in the European Parliament stands firmly against any form of mass surveillance of private communications. We strongly advocate for the protection of end-to-end encryption and digital fundamental rights. For years, we have been pushing for transparency, democratic oversight, and the safeguarding of privacy. The European Commission’s original proposal would have allowed for the indiscriminate scanning of everyone’s private messages, emails, and chats. This would amount to blanket surveillance and place everyone under general suspicion. Such measures are not only disproportionate—they also directly violate the fundamental rights to privacy and confidentiality of communications, as enshrined in the EU Charter of Fundamental Rights and the European Convention on Human Rights.

We support targeted, effective, and legally compliant child protection measures. These must be both efficient and compatible with fundamental rights: targeted, proportionate, and designed to preserve the freedom and security of all citizens. Our goal is to ensure effective protection of children – without putting fundamental rights and secure digital communication in Europe at risk. Effective measures to protect children can include, for example, simpler reporting channels, safer platforms and targeted law enforcement.

Good news: Our position has a broad majority in Parliament, so far

The good news is that our stance against mass surveillance was already adopted by the European Parliament in November 2023, at the time mainly thanks to our Green negotiator Patrick Breyer. You can find the European Parliament’s position here in English. The Parliament, for example, added the following to Article 7, paragraph 1: “The detection order shall be targeted, specified and limited to individual users, a specific group of users, either as such or as subscribers to a specific channel of communication, in respect of whom there are reasonable grounds of suspicion for a link, even an indirect one, with child sexual abuse material as defined in Article 2.” And further: “Interpersonal communications to which end-to-end encryption is, has been or will be applied shall not be subject to the measures specified in Article 10.” Our current Green negotiator, Markéta Gregorová, is likewise actively opposing mass surveillance. However, the lead negotiator on behalf of the Parliament will be the Spanish Christian Democrat Javier Zarzalejos. We need to ensure that he stays aligned with Parliament’s established position. You can find further information on the course of the negotiations here.

Discussion in the Council of Member States is currently ongoing and more open – this is where involvement is worthwhile!

For an EU law to be adopted, it requires the approval of both the Parliament and the representatives of the governments of the 27 Member States in the Council. While the Parliament has already adopted its position, negotiations in the Council are currently progressing actively. Every six months, a different country holds the presidency and thus, leads the negotiations in the Council – at present, it is Denmark. The new Danish Council Presidency has declared reaching an agreement in the Council a priority and intends to hold a vote in October. So far, there has been a group of countries blocking a decision in favor of mass surveillance (Austria, Czechia, Germany, Finland, Belgium, Estonia, Slovenia, Luxembourg, the Netherlands, and Poland). In the case of Germany, for example, the question is whether the new responsible German ministers, Interior Minister Dobrindt and Justice Minister Hubig, will continue to withhold their approval as before, or whether Germany’s vote in the Council will, after the change of government, be used in favor of a general chat control after all. The Council’s Legal Service says that indiscriminate scanning of private messages violates the EU Charter of Fundamental Rights (privacy of communications, Article 7). Nevertheless, the Danish government continues to insist on its proposal and on holding a vote in October. This is why, at the moment, it would be more important to write to the responsible ministers than to Members of the European Parliament.

Staying engaged for our fundamental rights: Stay informed with us

Since negotiations in the Council are still ongoing, it is currently unclear when negotiations on the law between Parliament and the Council can begin. Once there are new important developments, I would like to keep you informed. Our resistance against indiscriminate mass surveillance needs public attention. Governments will only refrain from restricting fundamental rights if they perceive public criticism. That is why we are very grateful for your interest and your willingness to speak up where needed!