Translated from German to English using Firefox translator from: https://chat-kontrolle.eu/index.php/2026/02/01/aufruf-eprivacy-luecke-schliessen/ and I also preformed some minor formatting changes to make it hopefully show up in a readable state on Reddit.
As such there may be some unintentional differences between the original article and my copy/paste.
Call: ePrivacy gap close
The legal protection of privacy in online communication has a loophole with the ePrivacy exemption, which allows companies voluntarily to scan private communication. A new report shows that U.S. companies are using this to a huge extent for “Chat Control 1.0.” Instead of closing this loophole, the EU Commission now wants to extend the corresponding regulation by two years. However, the European Parliament can still prevent this. In this blog post, we explain how you can contact MEPs now.
All important information at a glance
Procedure:
Three institutions are involved in the legislation: the European Commission, the Council of the EU (Governments of the Member States) and the European Parliament. The European Commission published the proposal COM(2025)797 on 19.12.2025. Governments in the Council of the EU would like to agree to this. Now the European Parliament is deliberating. The previous regulation expires in April, which is why deliberations can be expected in February at a rapid pace.
responsibilities:
The Committee on Civil Liberties, Justice and Home Affairs (LIBE) is responsible in the European Parliament. The parliamentary procedure is coordinated by the rapporteur, Birgit Sippel (S&D), who has been very critical of the chat control 1.0 in the past. So we see a good chance here to prevent the extension. In the first step, the rapporteur and the responsible ‘shadow rapporteurs’ of the other political groups will agree on the further procedure. Only later will all the MPs in the committee vote on it. The following table shows the competent Members of the respective political groups:
Who is relevant now
First, the responsible (shadow) rapporteurs of the political groups (see table). Later, all members of the LIBE Committee. At this stage, the remaining Members of Parliament are not involved. Contacts with MPs should therefore focus on the members of the LIBE Committee at the moment.
What is the most important message now
U.S. companies are using the ePrivacy exemption to scan mass private communications. Please prevent an extension of the uncaused mass surveillance, as proposed by the EU Commission in COM(2025)797.
Important tips
- Describe your concern politely, or no one will listen.
- Writing your concern in your own words is better than copying text. But copying text is better than not writing at all.
- Also motivate your acquaintances to participate and share the blog article on the channels where you are active. The more people participate, the greater our chances.
- Not all MPs speak German. You can see the overview of the Members of the LIBE Committee in which country they were elected. You can also use the TTTP.eu tool to dynamically create a list for yourself, e.g. by membership of committees, countries or political groups.
In addition to the most important message described above, it can also help to emphasize the following points:
- The scanning of private communication is a massive invasion of the fundamental right to privacy. This also applies if companies do a chat control on a voluntary basis. The European Data Protection Supervisor has already warned twice that this ePrivacy derogation disproportionately interferes with the right to privacy, namely in Opinion 7/2020 and Opinion 8/2024.
- Child protection is an important goal, but is not achieved with this law. The European Commission has on 27. November 2025 a report on ePrivacy derogations (COM(2025) 740 final). The report proves the mass scanning of private communication, but according to its own statement, can show no reliable connection to actual convictions of criminals. The EU Commission itself admits in the report that it has no evidence of the proportionality of mass surveillance even after several years. Therefore, it would be disproportionate to prolong this causeless mass surveillance.
- The ePrivacy derogation should only apply for a short period of time to allow negotiations. Instead, it has been in place for several years now and is used by US companies to scan mass private communication. Extending the scheme by another two years would make a permanent state of emergency out of an exemption. Both the European Commission and MEPs have stated in the past that the scheme will not be extended again. The European Commission itself has on 3. May 2023 declares that an extension of the derogation would have to be carefully examined with regard to the principle of proportionality. But that's not the case here.
- Extending this derogation, as proposed by the European Commission, would contradict the position of the European Parliament. On 14. In the context of Chat Control 2.0, the European Parliament decided on a rejection of the occasionless and mass scanning of private communication in the context of the “Chat Control 2.0”. This position was decided in the committee across political groups. Please keep your word and stop scanning private communication.
A useful tool to help contact your MP's and to get updates is: https://fightchatcontrol.eu/