Encryption, Privacy, and EU Policy: A Closer Look at Proposed Scanning Rules

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Spain pushes for encryption restrictions and traceability across private messages, photos, and videos of hundreds of millions of people in the European Union. A leaked document reviewed by the press reveals behind-the-scenes thinking about a controversial law that European partners hope to block online in the United States. The focus is on internet safety related to illegal content, including child sexual abuse, and how to curb it across major platforms.

Brussels is drafting legislation aimed at enabling large technology companies, including Google, Microsoft, and other tech giants, to scan everything circulating on their platforms to spot illegal material. In practice, this could weaken or eliminate end-to-end encryption in popular apps, affecting services such as WhatsApp, Telegram, and Signal. The proposal invites input from technologists, lawyers, and privacy advocates as progress continues.

The leaked Wired scoop centers on an internal survey conducted within a broad European circle. The Council of Europe is said to have solicited opinions from about twenty participants in what is described as a members’ forum. Reports published by EL PERIÓDICO from the Prensa Ibérica group quote Spanish officials arguing that, from their viewpoint, a legal barrier to end-to-end encryption for EU-based service providers would be ideal.

Speeding up the work of the police

End-to-end encryption is the default security model for many messaging apps, ensuring that only the sender and recipient can read a message. While this protects users from fraud and eavesdropping, it also complicates law enforcement inquiries into illegal content, such as child exploitation materials. The proposed law would push for a different balance by weakening protections at the message layer to accelerate the identification of illegal content.

Under the plan, technology platforms might be required to scan their users’ messages, photos, and videos using police-approved software. The results would be checked against government-held databases of known child abuse material to detect matching content. Supporters argue that rapid detection and removal are essential for public safety, while critics warn about overreach and false positives.

Officials stress that authorities need reliable tools to fulfill legal obligations in the digital age, noting that criminals have migrated to online spaces. Spain’s interior minister has repeatedly described encrypted communication as a potential threat to child protection efforts, framing it as a risk that must be mitigated through lawful access and careful supervision.

Complaints from civil society

Many nonprofit groups and digital rights organizations oppose the plan, arguing that it would infringe on privacy without delivering meaningful safety benefits. They point to technical realities: encryption does not work as advertised in all contexts, and creating a broad spy-like system could undermine trust and civil liberties. Campaigners warn that even a well-intentioned program risks creeping surveillance and data misuse, especially if safeguards are weak or poorly enforced. A coalition of civil society actors has argued that monitoring private communications at scale would set a dangerous precedent for online life.

Opposition voices stress that practical enforcement remains uncertain and that the costs to privacy could be high. The Electronic Frontier Foundation has warned against the idea of devices and services acting like constant watchers in users’ pockets. In total, more than 118 European non-governmental organizations have signed letters opposing the measures, urging policymakers to pursue alternative strategies for protecting children without eroding fundamental rights.

A recent internal survey, whose findings circulated within European circles, indicates broad government support for scanning encrypted private communications under certain conditions. Of the twenty countries represented, a significant majority indicated openness to technologies that could detect illegal content across private channels, signaling a potential shift in EU policy that would affect how digital communication is protected and supervised.

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