EU watchdog raises concerns about lack of transparency in lawmakers’ proposal to break encryption for CSAM scanning

The European Commission is facing increasing pressure to be more transparent about its dealings with private technology companies regarding a controversial tech policy that could mandate the scanning of EU citizens’ private messages to detect child sexual abuse material (CSAM). The issue has raised concerns about potential lobbying by the tech industry influencing the drafting of the proposal.

The EU’s ombudsman, Emily O’Reilly, has found preliminary evidence of maladministration by the Commission in relation to the CSAM-scanning proposal. This follows a similar conclusion reached earlier in the year, prompting the Commission to respond to the concerns raised. The ombudsman’s latest findings call for a detailed opinion from the Commission by July 26.

Despite warnings from legal experts and civil society groups about the legality and implications of the proposed legislation, the Commission continues to support the controversial CSAM detection orders. Critics argue that the law could compromise privacy and security for European web users.

The lack of transparency surrounding the decision-making process for the legislation has fueled suspicions that commercial interests may have influenced the proposal. The ombudsman’s investigation into a journalist’s complaint about access to documents related to the regulation revealed that the Commission withheld or redacted several key documents, including exchanges with tech industry representatives.

The ombudsman has recommended that the Commission reconsider its position and provide increased access to the withheld documents. The Commission has yet to respond to the latest findings. The ongoing controversy highlights the importance of transparency and accountability in EU policymaking, especially when it comes to sensitive issues like online privacy and child protection.