European Union: EDPB and EDPS issue joint opinion on the proposed EU Regulation to prevent and combat child sexual abuse

On 29 July 2022, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) issued a joint opinion on the European Commission Proposal for a Regulation laying down rules to prevent and combat child sexual abuse. The proposal aims to establish rules for digital service providers, including user content hosting services, messaging services and app stores, regarding the detection of online child sexual abuse material (CSAM). The obligations include using automated technologies to detect and report CSAM and identify and report child grooming activity. In their joint opinion, the agencies noted that the requirements outlined in the Proposal could negatively impact the individuals’ privacy. In particular, the EDPS and EDPB stated that the obligations are not clearly defined and could lead to the “generalised and indiscriminate scanning of content” of all online communications. Furthermore, the agencies stressed that the provisions aiming at preventing or discouraging the use of end-to-end encryption could be detrimental to the individual’s right to private life, confidentiality and freedom of speech.