EU “Chat Control” Twist: Commissioner Sides with Parliament Over Governments – Boost for European Parlament’s Strong Mandate

• Commissioner Brunner states preference for Parliament’s position over Council text and offers extension of interim rules
• Broad cross-party front in EU Parliament against mass surveillance and mandatory age checks
• Praise for Chief Negotiator Zarzalejos for uniting all political groups behind a “strong mandate”

Just days before the start of the decisive “Trilogue” negotiations on the controversial Regulation to Prevent and Combat Child Sexual Abuse (CSAM), known by critics as “Chat Control,” the political tide in Brussels has turned. During a hearing in the Civil Liberties Committee (LIBE) today, the new EU Commissioner for Home Affairs, Magnus Brunner, surprised MEPs by stating his preference for the European Parliament’s negotiating mandate over the draft law adopted by EU governments (the Council). This statement provides massive backing for the Parliament’s Chief Negotiator, Javier Zarzalejos (EPP), who has united an unusually broad coalition ranging from the Left to the Right behind his position.

Zarzalejos secures strong backing against mass surveillance and age control
While EU member state governments continue to push for mass scanning of private messages (at the discretion of providers), mandatory age verification for all users, and effective bans on communication apps for under-17s, the Parliament enters negotiations with a clear alternative model: Mandatory but targeted surveillance only where reasonable suspicion exists and with a judicial warrant, alongside a firm rejection of mandatory age checks and app lockouts for teenagers.

Javier Zarzalejos, Chair of the LIBE Committee and Rapporteur, emphasized during the meeting that the Parliament is entering negotiations with a “strong mandate” that is “supported by all political groups.”

Former MEP and co-negotiator Patrick Breyer (Pirate Party) comments: “Credit is due to Javier Zarzalejos for uniting the Parliament on this crucial issue. With this strong mandate for fundamental rights and against indiscriminate surveillance, the Parliament is well-equipped to fend off the governments’ attack on digital secrecy and the right to anonymous communication.”

Committee Clash: An Alliance Against Surveillance
Today’s session highlighted how isolated the surveillance proponents have become after widespread citizen protests. MEPs from across the political spectrum sharply criticized the Council’s plans:

• Birgit Sippel (S&D) accused governments of misleading the public about the nature of “voluntary chat control” and criticized the lack of reliable data on the actual efficacy of mass scanning.
• Markéta Gregorová (Greens/EFA / Pirates) compared the planned chat control to physically opening every letter and demanded the Commission act as an “honest broker” in the upcoming negotiations.
• Jorge Buxadé Villalba (PfE) and Mary Khan (ESN) questioned mandatory age checks and the issue of liability for false suspicions, which could destroy the livelihoods of innocent citizens.
• Fabienne Keller (Renew) stressed the importance of swift negotiations in view of the expiring interim regulation, but stressed the need for a balanced legislative framework.

Commission’s Surprise Turn
While Commissioner Brunner rejected the term “Chat Control,” he sent a clear political signal: He offered to extend the current interim regulation (Derogation), which expires in April 2026, to remove time pressure from the negotiations and allow for a careful agreement. His open admission that he prefers the Parliament’s position (Zarzalejos report) over that of the Council is an unusual departure from the Commission’s standard support for EU governments.

Council Position Fragile
While the Parliament stands united, the Council’s mandate is built on shaky ground. The negotiating position of the member states was adopted without the support of key countries including Italy, Poland, the Netherlands, the Czech Republic, and Estonia, reflecting deep divisions among governments regarding the legality and proportionality of the measures.

The Trilogue negotiations are set to begin shortly. Thanks to the unified stance of the Parliament under Zarzalejos, chances have significantly improved that indiscriminate mass surveillance and the end of anonymous communication can be prevented.

Watch: Recording of today’s LIBE Committee meeting (skip to 10:10)

BACKGROUND: Key Battlegrounds in the Upcoming Trilogue

Two opposing worldviews will clash in the negotiations: The EU Parliament’s mandate (led by Javier Zarzalejos) focuses on targeted law enforcement and fundamental rights, while EU Governments (Council) push for broad monitoring and age restrictions.

1. Mass Surveillance vs. Targeted Investigation

• EU Governments (Council): Aim to cement so-called “voluntary” Chat Control. Providers like Meta or Google would be authorized to mass-scan private chats—not just for known abuse material, but also using error-prone AI to detect “new” material and text-based grooming.
  
  • The Risk: Police authorities warn of overloading. In 2024, nearly half (48%) of the chats reported to the German BKA were entirely legal (e.g., family beach photos).

  
  

• EU Parliament: Rejects indiscriminate scanning. Surveillance should occur only upon reasonable suspicion against specific individuals or groups and only with a judicial warrant. The “public web” should be proactively scanned, but private correspondence must remain private.

2. The End of Anonymity via Age Checks

• EU Governments (Council): Article 4 of the Council mandate effectively plans a mandatory ID check for all internet users. Users would have to upload an ID card, a facial scan, or use a state-issued “Wallet App” just to use email, messaging, or chat services.
  
  • The Risk: This marks the end of anonymous communication online. Whistleblowers, journalists’ sources, or political activists would no longer be protected by anonymity, as every account could be linked to a real-world identity.

  
  

• EU Parliament: Relies on “Security by Design” (safe defaults for children) and rejects mandatory age verification for messaging apps. Online anonymity must be preserved.

3. “Digital Lockout” for Under-17s

• EU Governments (Council): Article 6 of the Council text proposes prohibiting users under 17 from using apps with communication functions if there is a “significant risk” of cyber-grooming. Since studies show this risk exists almost everywhere (from WhatsApp to online games), this threatens a de facto app ban for teenagers.
• EU Parliament: Rejects age limits and app bans. The focus is on digital literacy and safety settings rather than excluding youth from digital participation.

Comment by Dr. Patrick Breyer (Digital Rights Expert, former MEP):

“Governments must be honest: While some claim to oppose ‘Chat Control,’ they have agreed to a Council text that allows US tech giants to do exactly that—massively scan our private lives. The Parliament, under Javier Zarzalejos, has charted a path compliant with fundamental rights: targeted pursuit of criminals instead of general suspicion against the entire population. If governments do not budge, we face a future where anonymous whistleblowing falls silent and teenagers are locked out of digital life.”

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