TdH new legal report explores balancing child protection from OCSE with online privacy rights
“We want privacy AND protection.” This powerful sentiment from a child in the Netherlands participating in the VOICE research encapsulates the core dilemma at the heart of TdH newest legal report: can the protection of children from online child sexual exploitation (OCSE) justify limiting the right to privacy online?
This research explores whether the privacy restrictions layed out in the EU’s 2022 Proposed Child Sexual Abuse Regulation can be legally justified and, more importantly, whether they are reasonable and proportional. It also evaluates if the proposed EU regulation offers enough safeguards to ensure privacy limitations are kept to a necessary minimum.
Key findings: privacy and protection are not opposing goals
The findings are clear: protecting children from OCSE through measures like CSAM detection is a legitimate justification for potential restrictions on online privacy. Automated detection tools focus solely on detecting harmful materials and can be deployed without infringing on individuals’ privacy rights. Such technologies should be seen as part of a broader strategy to make the internet safer for all—especially the most vulnerable.
The report emphasises that “the interference with the right to online privacy is proportional as it strives to uphold essential values, mainly children’s right to protection against harm.” Ultimately, the research underscores that privacy and child protection should not be viewed as opposing goals; instead, they are complementary in ensuring a secure digital space.
The context: addressing the need for balance in the EU’s Proposed Child Safety Regulation
The EU’s proposed regulation seeks to establish a comprehensive and unified legal framework to effectively address the complex issue of OCSE. By outlining specific, platform-tailored measures, the regulation intends to target the diverse risks associated with OCSE across digital environments. One of the most notable and debated components of this proposal is the requirement for mandatory detection technologies on platforms, which would assist in identifying and managing harmful content related to child exploitation.
However, the proposal raises significant questions about privacy: can these detection tools function without encroaching upon individuals’ right to online privacy? This research cuts through the noise to assess whether the EU’s approach aligns with human rights standards and explores how policymakers might achieve an effective balance between robust child protection measures and the preservation of privacy rights for users in the digital age.
The methodology: legal analysis grounded in Human Rights Law and children’s voices
The analysis of the EU proposal is guided by the criteria set by the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. It draws on court cases and recent legal research while incorporating children's perspectives through the VOICE project. This initiative consulted young people on their views regarding online safety and privacy. The methodology allows to shed light on how the law views both privacy and child protection in a digital world. This holistic approach brings together legal analysis and children’s perspectives, shedding light on how privacy and child protection can be integrated in today’s digital landscape.
Conclusion
Privacy and child protection can—and should—work in tandem to make the internet safer. The report underscores that both rights can coexist through a regulatory approach that prioritises balanced safeguards. For a full analysis and practical recommendations, read the complete report.