German Authorities Oppose Chat Control to Protect Privacy
The Conference of Independent Data Protection Authorities of the Federal and State Governments (DSK) has called on the EU institutions and the German federal government to abandon plans for chat control. The DSK warns that the proposed measures, aimed at combating child sexual abuse online, risk creating a system of mass surveillance that threatens fundamental European privacy rights. They emphasize that private messaging should be protected equally to traditional correspondence, with interventions only allowed when there is a specific, justified reason.
The current regulation allowing voluntary scanning of private communications for child sexual abuse material (CSAM) expired in early April. While the EU Commission and security agencies express concern about a resulting protection gap, data protection advocates see this as an opportunity to rethink child protection measures without resorting to broad surveillance. Major tech companies like Google, Meta, Microsoft, and Snap have stated their intention to continue voluntary scanning but urge the EU to finalize a permanent regulatory framework.
The DSK also questions the reliability of the scanning technologies. Technical evaluations reveal that detection algorithms can be easily bypassed or manipulated, leading to false positives and unnecessary investigations of innocent users. For example, Microsoft scanned over 11.7 billion pieces of content globally in 2023, but only 0.00007% of communications in Europe resulted in concrete suspicion. The error rates of these systems can reach up to 20%, burdening law enforcement with false reports.
Data protection authorities argue that these invasive measures violate the principles of necessity and proportionality under EU law. They call for stronger enforcement of existing legislation like the Digital Services Act and require platforms to integrate child safety by design. Additionally, they stress the need for adequate funding in prevention, media literacy, and victim support to effectively protect children without compromising privacy.
