Commission proposal on the temporary derogation from the e-Privacy Directive for the purpose of fighting online child sexual abuse. Targeted substitute impact assessment

Study 05-02-2021

On 10 September 2020, the European Commission presented a proposal, which aims at ensuring the continuation of voluntary practices conducted by providers of ‘number-independent interpersonal communications services’ for the detection, reporting and removal of child sexual abuse material online after the European Electronic Communications Code has entered into force at the end of December 2020. This EPRS targeted substitute impact assessment finds that while the EU has the competence to adopt the Proposed Regulation per Article 5 of the TEU, the impact of such practices on human and fundamental rights has not been adequately addressed. It should provide a clear legal basis for these practices, along with effective remedies for users. Some technologies covered by the Proposed Regulation have a disproportionate impact, and thus require additional safeguards unavailable in the proposal in its current form.