Four main issues remain open to political arbitration in the interinstitutional negotiations (trilogues) on the regulation to combat child sexual abuse material (CSAM), according to a note from the Council of the EU dated 16 February, which Agence Europe was able to consult.
While a common understanding has been reached on the name of the future “EU Centre for the protection of children from sexual abuse” and the establishment of a “Victims Consultative Forum” (see EUROPE 13795/13), the most sensitive point of division remains the Centre’s ability to conduct proactive searches for child abuse content without prior notification. The governance of the organisation, in particular the composition of its Management Board and the creation of an Executive Board, is also under discussion. The localisation of the future seat was formally excluded from the technical meetings and dealt with at political level.
To allay concerns about data protection, which are currently crystallising around the proposed extension of the ePrivacy Directive derogation (see EUROPE 13810/10), the negotiators are considering appointing a Fundamental Rights Officer. On the technical side, the EU Council insists that Europol’s access to the Centre’s personal data should be limited to a “case-by-case” basis and following an “explicit and justified” request.
The document states that a technical meeting was held on Monday 23 February to clarify the obligations of communication platforms and the monitoring framework. The Member States’ ambassadors to the EU were informed the next day of the outcome of the discussions, in preparation for the trilogue meeting on Thursday 26 February, when the final sticking points are due to be addressed. (Original version in French by Justine Manaud)