BRUSSELS — The European Parliament extended legislation permitting technology companies to voluntarily scan private user messages for child sexual abuse material. This extension passed despite a majority of lawmakers voting against the proposal to continue voluntary message scanning.

The ruling reinstates permissions for Meta, Google, and Microsoft to scan private text, email, and social media messages. Tech companies will retain this right for child sexual abuse detection until 2028 or until permanent legislation replaces the current rule. End-to-end encrypted chats on WhatsApp and Signal remain exempt from these scanning permissions.

The European People's Party, the largest political group in the European Parliament, used an urgent procedure to force new votes on the legislation after talks collapsed in March. A prior law allowing voluntary message scanning had expired in April. The urgent procedure skips preliminary committee debates and mandates that the regulation passes unless an absolute majority of 361 Members of the European Parliament (MEPs) vote against it. More MEPs voted against the regulation than for it, but they fell short of the 361-vote majority by 47 votes.

Tomas Tobé, vice-chair for the European People's Party, told lawmakers, "We cannot go to the summer recess knowing that our children are not protected." Simeon de Brouwer, policy advisor at European Digital Rights, stated that the extension means "It will mean that private companies may deny your right to have confidential digital conversations." He added, "they could, if they want to, read every message you write, every email you send, every picture you share." Patrick Breyer, a civil rights activist and former Member of the European Parliament, called the ruling a "farce" that "damages democracy." Breyer also wrote in a blog post, "Our children are the real losers in this undemocratic process." He added, "Trying to protect children with suspicionless mass surveillance is like frantically mopping the floor while the faucet is still running."

Why It Matters

The European Parliament's decision to extend voluntary message scanning by tech companies despite a majority of lawmakers voting against it involved a procedural mechanism within the legislative body. The use of an urgent procedure allowed the measure to pass by requiring a specific threshold of votes against it, rather than for it, which was not met. This extends the ability of major tech companies to scan digital communications for illegal content until 2028 or new legislation is enacted.