The European Union is debating a controversial proposal that could force services like WhatsApp, Telegram or Signal to scan the messages we send – even those protected with end-to-end encryption. Although the idea is presented as a measure to combat child abuse, critics warn it as a form of mass surveillance that could compromise everyone’s privacy.
What is happening now?
At this moment (September 29, 2025), ambassadors from EU member countries are meeting in Brussels to decide their position on this regulation aimed at reviewing the content of digital communications. If sufficient consensus is reached, the matter will be brought to the Council of Justice and Home Affairs Ministers in October for a vote.
Although final approval of the draft is not expected today, what is decided now may set the course for future negotiations.
What is the origin of this reform?
The idea started in May 2022 when the European Commission proposed that messaging and email platforms (such as WhatsApp or Gmail) should scan messages, images, audios and videos for illegal content. But this generated alarm among privacy experts, as it would imply weakening the encryption used to guarantee private communications.
The proposal received more than 80% of dissenting opinions during a public consultation, especially with regard to encrypted messages. In response, in June 2024 the draft was revised by removing the obligation to scan texts and audios, and limiting it to photos, videos and links. It was also introduced that users would have to consent to this prior scanning.
However, critics argue that, even with these modifications, the backdoor to cracking encryption still exists.
Who supports and who rejects the measure.
Countries backing the plan include Spain, France, Italy, Portugal, Hungary, Croatia, Malta, among others. Their position is that authorities need more powerful tools to combat online sex crimes.
On the other hand, countries such as Austria, Germany, Belgium, the Netherlands, Poland and the Czech Republic are strongly opposed, arguing that the secrecy of communications is a fundamental right that cannot be violated.
In addition, some states (Greece, Romania, Estonia, Slovenia) have not yet defined their final position, which could unbalance the final vote.
What are the implications for you?
If the regulation is successful:
- Messaging and email applications may be forced to implement automatic scanners on your files and links, even in private chats.
- Privacy would be compromised: your messages would no longer be fully protected.
- Security would be affected: opening the encryption may allow malicious actors to exploit these vulnerabilities.
- False positives” (legitimate content flagged as illegal) could occur when using artificial intelligence in the automatic review.
Spain and the national position.
Spain is among the countries supporting the measure. The Minister of the Interior, Fernando Grande-Marlaska, has defended that it is “imperative” for the authorities to be able to analyze this data.
But there are those who point out that Article 18 of the Constitution guarantees the secrecy of communications, except with judicial authorization. This could lead to legal disputes if Chat Control is implemented.
What’s next?
If the ambassadors reach an agreement today, the next step will be to discuss the text at the Council of Justice and Home Affairs Ministers in October. If not, negotiations will continue and the project could be frozen again.
The decision taken will be key for the privacy of millions of Europeans and will determine the future of encryption of our conversations.
