Combating Child Sexual Abuse Online in European Union and the General Processing of Electronic Communications

Đukanović, Anđela (2022) Combating Child Sexual Abuse Online in European Union and the General Processing of Electronic Communications. In: International Scientific Thematic Conference Children and the Challenges of the Digital Environment, Palić, 16-17 June 2022. Institute of Criminological and Sociological Research, Belgrade, pp. 167-183. ISBN 978-86-80756-48-6

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Abstract

Thee fight against child sexual abuse and exploitation is recognized as a priority for the EU, having in mind the signifcant increase in detected cases of online child sexual abuse in recent years. In order to resolve issue of online child sexual abuse, EU resorted to voluntary practice of processing online interpersonal communications by service providers, not based on firm legal basis. After extension of the scope of the Privacy and Electronic Communications Directive 2002/58/EC, this voluntary practice was paused, until the adoption of Regulation (EU) 2021/1232 on a temporary derogation from certain provisions of Directive 2002/58/EC. However, it seems that the imposed limitations on the right to private life and protection of personal data do not respect the essence of these rights, there was no detailed analysis of necessity and proportionality of general processing of content data and possible adverse effects on combating online child sexual abuse.

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