The EU Council of Ministers is pushing for the extension of systematic control of private chat messages to include audio communication, citing child protection as the reason. Member states are in favor of tightening the Commission’s proposal, which includes orders for providers of encrypted and unencrypted messenger services to search for known and new depictions of child sexual abuse. The proposed inclusion of audio communications has been met with resistance due to its potential for far-reaching consequences, as it necessitates active, “live” monitoring and may infringe on privacy rights. However, there is a clear majority in the Council for the inclusion of audio communication.
The European Data Protection Board and the EU Data Protection Commissioner have raised concerns about the inclusion of audio communications, citing its infringement on fundamental rights. The privacy of spoken communication is also protected in some member states, further complicating the issue. The proposed plans threaten to compromise the privacy of conversations and the security of the entire network if put into practice.
According to reports, telecoms industry insiders have sharply criticized the plans, which may even compromise the security of the network itself. The Swedish Council Presidency recently provided a compromise proposal to exclude number-based telecommunications networks from the scope of application, but there is still a push for the inclusion of audio communication.
The federal government of Germany previously held a strong stance against the screening of audio messages. However, their position may go under in the Council as other member states push for its inclusion. The Swedish Council Presidency reports that most EU countries support the disclosure orders for known depictions of abuse, but positions are “differentiated” when it comes to measures beyond this.
The proposed control measures were presented at a recent meeting of the Committee of Permanent Representatives of the Member States, in which diplomats prepare Council decisions. The Legal Service of the Council of Ministers has raised serious concerns about chat control as a whole, calling it largely unlawful. However, this has not deterred the presidency and participating countries from moving forward with the proposal.
