European Parliament approves 331-304 urgency procedure for reviving Regulation (EU) 2021/1232 CSAM scanning exemption

The Parliament invoked its urgent procedure to bypass committee review of a Council text that restores the ePrivacy Directive derogation previously rejected in March. The measure permits voluntary provider scanning of private messages on services including Gmail, Messenger, and iCloud Mail but leaves end-to-end encrypted platforms unaffected unless client-side scanning is deployed. Council adopted its position on 2 July after the original exemption lapsed on 4 April 2026.

Vote margins fall short of the absolute majority threshold of 361 needed to amend or block the file. Patrick Breyer documented the sequence: Council negotiating mandate, Parliament urgency approval, and the 9 July plenary deadline. This procedural path mirrors earlier fast-track attempts that normalized voluntary scanning without mandatory detection orders.

The file is distinct from the stalled Child Sexual Abuse Regulation (CSAR) proposal. CSAR trilogues remain deadlocked over suspicionless scanning mandates on encrypted services. Revival of the temporary rule re-establishes the legal basis platforms cited for prior voluntary programs while civil-liberties groups note the absence of new safeguards against scope creep.

If the 9 July vote fails to reach 361 opposing votes, the Council text advances directly toward adoption, restoring the pre-April framework without Parliament-imposed limits on data retention or reporting thresholds.