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Germany: BfDI issues statement on draft CSA regulation

On February 14, 2024, the Federal Commissioner for Data Protection and Freedom of Information (BfDI) issued a statement on the European Parliament's amendments to the Draft Regulation to Combat Online Sexual Child Abuse (CSA regulation). In particular, Professor Ulrich Kelber, the Commissioner of BfDI stated that, ''Screening all private message content is not an option. The Commission's draft regulation in its original form must therefore not be implemented. The European Parliament's proposals set the direction for this, as they provide for more targeted detection of online child sexual abuse.''

Further, the BfDI stated that in its report, the European Parliament took up many of the criticisms stated in the Joint Opinion of July 2022 of the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS), however, it left open whether reading private communications could extend beyond the specific suspected persons. The BfDI added that the European Parliament's proposal also aims to make it possible to scan for previously unknown child pornographic material, although the technologies used for this still have high error rates.

You can read the press release, only available in German, here.