Temporary derogation of e-privacy in the fight against child sexual abuse on the internet

The Belgian Presidency of the Council of the European Union and the negotiators for the European Parliament have reached an agreement today that further allows Internet providers to voluntarily share data with law enforcement authorities to prevent and fight child sexual abuse on the Internet.

Annelies Verlinden, Belgian Minister of Home Affairs: "Allowing Internet providers to voluntarily report cases of child abuse on the Internet without breaking European privacy law while doing so is necessary in order to fight this important battle together. However, the ambition of our Belgian Presidency goes much further. We must make every effort to give our children a safe environment, both offline and online. That is why we support the legislative proposal of the European Commission to create a permanent regulation with rules that can truly curb child sexual abuse on the internet."

With the agreement that has been reached today, Internet providers (for example of social media platforms) have the possibility to voluntarily share data with law enforcement authorities in the fight against child sexual abuse on the Internet. To make this possibility available for the Internet providers, we have to provision for a temporary derogation from existing European's privacy regulation. Considering that the earlier granted derogation of August 2021 is due to expire in August 2024, a new agreement was necessary, and it has been reached today. This will ensure continuity and allow Internet providers to make data on child sexual abuse available after August 2024 without breaking the law while doing so. The derogation runs until 3 April 2026. Although this remains a possibility given to the Internet providers, there is no obligation yet.

Minister of Home Affairs Annelies Verlinden says that Belgium, as President of the Council of the European Union, has for ambition to make an obligation out of this possibility. That is why the Belgian Presidency supports the European Commission's proposal for a permanent regulation aimed at preventing and combating child sexual abuse on the Internet.

Proposal

The legislative proposal of the European Union from May 2022 imposes several obligations on Internet providers to combat child sexual abuse on the Internet. These include deploying detection technology, reporting facts to the relevant authorities, removing content and blocking URL. In addition, the legislative proposal provides for the establishment of a European Agency in order to supervise and support the above-mentioned obligations of Internet providers and to carry out preventive and investigative activities.

Annelies Verlinden, Belgian Minister of Home Affairs: "Unfortunately, there is a lot of child sexual abuse content to be found in the European Union, which is a sad leader thereof in the world. This is helped by inadequate legislation. The possibility that has been given to Internet Providers since 2021 to voluntarily take action appears to be insufficient. That is why we need permanent and binding EU rules to really address and tackle the issue. Privacy concerns are important, but these cannot outweigh our responsibility and obligation to protect our children globally from abuse in this digital age."

Child Focus, the Belgian foundation for Missing and Sexually Exploited Children, received in 2022 1832 reports of images of sexual abuse of minors through the hotline "abuseimages.be". One report contains frequently more than just one website or platform, behind which hundreds of images are hidden. The National Center for Missing and Exploited Children, an international non-profit organisation whose aims are finding missing children and reducing victimisation and sexual exploitation of children, received in 2022 as many as 32 millions reports, of which 50.000 were related to Belgium.