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EDPB and EDPS Adopt a Joint Opinion on a Proposal for Regulation on Online Child Sexual Abuse Prevention

Client Updates / Aug 30, 2022

Written by Haim Ravia and Dotan Hammer

Even when facing important matters such as the prevention of sexual abuse of children, the adverse impact on individuals’ rights to private life and data protection must be limited and proportionate. This was one of the key principles expressed in the joint opinion by the European Data Protection Board (EDPB) and European Data Protection Supervisor (EDPS), regarding a new proposed regulation aiming to combat sexual abuse of children online.

The proposed regulation, introduced by the European Commission, seeks to require service providers and Internet access providers to detect, report, remove and block online materials containing sexual abuse of children or its solicitation. Among other things, the proposed regulation allows for the issuance of ‘detection’ orders for individuals suspected of publishing these materials. Detection orders would require service providers to operate measures to “detect the dissemination of known or new child sexual abuse material or the solicitation of children”.

In their opinion, the EDPB and EDPS stated that the proposal lacks detail, clarity, and precision regarding the conditions for issuing these orders. They express concerns that this might lead to a generalized and indiscriminate scanning of content in all types of electronic communications. Therefore, the EDPB and EDPS advised that the conditions for issuing a detection order should be further clarified.

CLICK HERE to read the EDPB and EDPS’s joint opinion on the Proposal for a Regulation to prevent and combat child sexual abuse.

CLICK HERE to read the EDPB’s press release.