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

Jeanne Mifsud Bonnici, Melania Tudorica, Ketan Modh, Halefom Hailu Abraha

Research output: Book/ReportReportAcademic

Abstract

On 10 September 2020, the European Commission presented a proposal (COM(2020) 568 final) on the temporary derogation from Articles 5(1) and 6 of the e-Privacy Directive, which protect the confidentiality of communications and traffic data. This proposal is targeted 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.
The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) raised concerns over the proposal’s potential impact on the human and fundamental rights of the users of those services, and requested that the European Parliamentary Research Service (EPRS) carry out a targeted impact assessment to this end, in the absence of a European Commission impact assessment accompanying this proposal.
The assessment finds that while the EU has the competence to adopt the proposed regulation per Article 5 of the Treaty on European Union, 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.
Original languageEnglish
PublisherEuropean Union
Number of pages70
ISBN (Print)978-92-846-7691-0
Publication statusPublished - 28-Jan-2021

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