EU Commission Urged to Release Information on Controversial Messaging Surveillance Proposal
The European Commission is facing increasing pressure to release information related to its controversial proposal for messaging surveillance. The proposal, which aims to detect and combat child sexual abuse material (CSAM) through the use of surveillance technologies, such as client-side scanning, has drawn criticism from various stakeholders.
Recently, the Commission’s ombudsman revealed details of a finding made in December, stating that the Commission had engaged in maladministration by withholding certain documents related to its communications with Thorn, a US company specializing in AI technologies for detecting and removing CSAM. The ombudsman recommended that the Commission reconsider its decision and provide increased public access to the documents.
The urgency surrounding this issue stems from the ongoing legislative procedure and the potential impact on citizens’ right to privacy. Transparency is crucial in such cases, as it allows the public to participate more effectively in the decision-making process and scrutinize the influences behind legislative proposals.
Critics have raised concerns that the Commission’s messaging surveillance proposal may have been unduly influenced by lobbyists representing child safety technology companies. These companies stand to benefit commercially from mandatory automated CSAM checks. Last fall, a seminar organized by the European Data Protection Supervisor highlighted concerns about the proposal’s effectiveness and its potential infringement on fundamental freedoms.
In response to a complaint by a journalist, the ombudsman, Emily O’Reilly, recommended that the Commission release more of its exchanges with Thorn. The Commission’s spokesperson for Home Affairs, Anitta Hipper, stated that they would carefully consider the ombudsman’s recommendation and respond by March 19.
It is worth noting that the legislative proposal has already caused internal controversy for the Commission. Last year, its home affairs division faced criticism for running microtargeted ads on a social network to promote the legislation, leading to data protection complaints. An internal investigation is ongoing, and the European Data Protection Supervisor has received a complaint from privacy rights group noyb regarding the matter.
In regard to the ombudsman’s investigation, it remains to be seen what conclusions will be drawn regarding the communications between Europol and Thorn. The public access to private communications between EU lawmakers and industry lobbyists has fueled additional controversy surrounding the Commission’s message-scanning proposal.
Overall, the release of documents and the transparency surrounding the legislative procedure are crucial in ensuring accountability and allowing citizens to participate effectively in a decision that directly affects their privacy rights. The final outcome of the CSAM file and the potential legislation will depend on negotiations between the European Parliament, Council, and Commission.
