EU Parliament Approves Mass Scanning of Private Messages Despite Majority Voting Against It

The European Parliament allowed suspicionless scanning of private communications to resume until 2028 after the EPP revived the measure using a rarely-invoked procedural loophole, bypassing a majority of MEPs who voted to reject it.

The European Parliament voted today to extend the controversial "Chat Control" regime, allowing technology companies to resume scanning private messages, emails, and direct messages for child sexual abuse material without a warrant or prior suspicion — even though a majority of voting MEPs opposed the measure.

The vote tally tells the story: 314 against, 276 in favor, 17 abstentions. A clear majority of voting members wanted to reject the interim regulation. But because the motion to reject required an absolute majority of 361 votes — a threshold it fell short of — the measure passed automatically. The extension remains in force until 2028 or until a permanent regulation is agreed.

The procedural path to today's outcome was itself controversial. The interim regulation had already been rejected twice in March. But the European People's Party, led by Manfred Weber, revived it through a rarely-used legislative procedure, requesting Parliament President Roberta Metsola to push the file forward. No other group objected, and EU member states subsequently agreed to reinstate the measure last week with no substantive changes.

A symbolic exemption was adopted for end-to-end encrypted communications — though in practice, service providers do not scan these anyway. The real impact falls on unencrypted direct messages on platforms like Instagram, Discord, Snapchat, Skype, and Xbox, as well as emails via Gmail and iCloud.

Dr. Patrick Breyer, civil rights activist and former MEP who has tracked the legislation for years, called the outcome "a farce that damages democracy." He warned that the passage of a genuine, permanent child protection regulation is now in serious jeopardy because EU governments have no incentive to negotiate as long as they can extend the status quo through procedural loopholes.

The effectiveness of mass scanning is under serious question. According to EU Commission figures, mass scanning of private chats accounted for only 36 percent of all abuse reports in 2024 — the majority came from public posts and cloud storage. Germany's Federal Criminal Police Office reports that 48 percent of all incoming alerts are not criminally relevant, and crime statistics show 40 percent of resulting investigations target minors themselves. An estimated 99 percent of reports generated by Meta consist of previously known material. The Commission itself admits there is no evidence that suspicionless scanning has led to more convictions or rescued children.

Survivors of sexual violence have explicitly stated that mass surveillance did not help them. Alexander Hanff, a survivor and privacy advocate, said: "We survivors need privacy, because without it we lose our voice. Chat Control was not created to protect children. It was about Big Tech companies wanting access to our data for profiteering."

Negotiations on a permanent "Chat Control 2.0" regulation resume in September. The Parliament is pushing for a paradigm shift: mandatory targeted detection orders against actual suspects, an EU Child Protection Centre for systematic removal of known abuse material, and security-by-design standards for messaging apps. EU member states continue to insist on the voluntary scanning approach.

Sources: Patrick Breyer, Euronews