The EU’s so-called Chat Control plan, which would mandate mass scanning and other encryption breaking measures, has had some good news lately. The most controversial idea, the forced requirement to scan encrypted messages, was given up by EU member states. And now, another win for privacy: the EU Parliament has dealt a real blow to voluntary mass-scanning of chats by voting to not prolong an interim derogation from e-Privacy rules in the EU. These rules allowed service providers, temporarily, to scan private communication.  

But no one should celebrate just yet. We said there is more to it, and voluntary scanning is a key part. Unlike in the U.S., where there is no comprehensive federal privacy law, the general and indiscriminate scanning of people’s messages is not legal in the EU without a specific legal basis. The e-Privacy derogation law, which gave (limited) cover for such activities, has now expired. Does that mean mass scanning will stop overnight?  

Not really. 

Companies have continued similar scanning practices during past gaps. Google, Meta, Microsoft, and Snap have already signaled in a joint statement to “continue to take voluntary action on our relevant Interpersonal Communication Services.” Whether this indicates continued scanning of our private communication is not entirely clear, but what is clear is that such activity would now risk breaching EU law. Then again, lack of compliance with EU data protection and privacy rules is nothing new for big tech in Europe. 

Most importantly, the “Chat Control” proposal for mandatory detection of child abuse material (CSAM) is still alive and being negotiated. It has shifted the focus toward so-called risk mitigation measures, such as problematic age verification and voluntary activities. If platforms are expected to adopt these as part of their compliance, they risk no longer being truly voluntary. While mass scanning may be gone on paper, some broader concerns remain.  

So, where does this leave us? The immediate priority is to make sure the expired exception for mass scanning is not revived. At the same time, lawmakers need to pull the teeth from the currently negotiated Chat Control proposal by narrowing risk mitigation measures. This means ensuring that age verification does not become a default requirement and “voluntary activities” are not turned into an expectation to scan our communications.   

As we said before, this is a zombie proposal. It keeps coming back and must not be allowed to return through the back door.