As the current EU Council Presidency, Denmark has presented a new proposal for controversial chat controls. Instead of mandatory monitoring, the decision should in future rest with the providers – a step that is causing discussions between data protection advocates and security advocates.
With a revised draft, Denmark is trying to bring movement into the deadlocked debate about the planned EU regulation on chat control. According to a discussion paper distributed to EU member states, searching private chats will remain voluntary in the future and will no longer be mandatory. Providers such as Meta, Microsoft or Google could therefore decide for themselves whether to search their communication platforms for evidence of child abuse.
Unresolved fundamental rights problems
The Danish proposal met with a mixed response. Proponents see this as an important step forward in protecting digital privacy and end-to-end encryption. Former EU MP Patrick Breyer (Pirate Party) described the draft as a “triumph of the digital freedom movement”, but at the same time warned that fundamental rights problems remained unsolved. Even if the surveillance remains voluntary, it is still an “indiscriminate mass surveillance” of unencrypted communications, said Breyer.
Criticism also comes from data protection officers and lawyers who point out possible violations of fundamental rights. The European Data Protection Supervisor and former ECJ judge Ninon Colneric had previously emphasized that such a practice – even if used voluntarily – could be unlawful. The European Parliament, meanwhile, favors an alternative approach in which targeted surveillance measures would only be permitted upon court order and against suspects.
Young people are left out
In addition, according to Breyer, two other points of contention remain: On the one hand, young people under the age of 16 could be excluded from using numerous apps in the future – from messengers to social networks to online games. On the other hand, the proposal also stipulates that anonymous communication will be made more difficult or impossible because users would have to prove their identity. Critics warn of restrictions on journalistic work, private communication and political freedom of expression.
It remains to be seen whether the Danish compromise proposal will find a majority within the EU. While data protection advocates welcome the relaxation of chat controls, many governments and the EU Commission already consider the draft to be too far-reaching. An agreement on a legally secure and effective solution therefore remains uncertain.
