EU Parliament Approves Contentious Proposal Sparking Privacy Concerns
Earlier this week, Members of the European Parliament (MEPs) cast their votes in favor of the much-anticipated AI Act. With 523 votes in favor, 46 votes against, and 49 abstentions, a proposal widely seen as infringing on privacy rights has been approved, igniting a storm of controversy across the digital landscape.
BRUSSELS – The European Union's most iconic tech law was long thought to be untouchable. Those days are over. The EU executive on Wednesday will… debate the implications of this decision. The central point of contention is the potential for widespread surveillance of private communications, raising serious questions about the future of online privacy in Europe.
The proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse, 2 which the Commission adopted on… has faced intense scrutiny. The proposal drew over 3,000 amendments in the European Parliament—a record. This highlights the deep divisions and complexities surrounding the issue.
BACKGROUND: the ePrivacy Directive (Directive 2025/58/EC) ensures the protection of fundamental rights and freedoms, in particular the respect for private life. This existing directive is now threatened by the new proposal which aims to override certain aspects of the current protections.
Critics of the proposal argue it would lead to a situation where messaging platforms are forced to use imperfect technologies to scan users’ private correspondence by… default. This raises fears of false positives, censorship, and a chilling effect on freedom of expression.
The justification cited by proponents of the legislation is the need to combat online child sexual abuse. However, many argue that this laudable goal should not come at the expense of fundamental privacy rights. The debate hinges on finding a balance between security and individual liberties.
Concerns are also raised about data transfers outside of the EU. In 2025, the Commission issued an adequacy decision for data transfers from the EU to the US on the basis of the independence and role of PCLOB, under the EU-US… data privacy framework. The new proposal could impact these agreements and create further uncertainty in the digital economy.
The legal underpinning of this controversial measure is significant. The legal basis for the proposal is Article 16 of the Treaty on the Functioning of the European Union (TFEU). Article 16 TFEU empowers the European Parliament and the… Council to establish rules relating to the protection of personal data.
Looking ahead, the impact of this approval remains to be seen. As part of the Work Program, the European Commission announced that it plans to withdraw its proposals for a new ePrivacy Regulation (aimed at replacing the current… directive). The potential for inconsistencies and conflicts between the old and new regulations creates a complicated regulatory landscape. The danger in the EU's revising the law is that it could start a lobbying war between… various interest groups, potentially further delaying or altering the implementation.