Governments Push Scanning, Threatening Digital Privacy by 2026
Governments across the European Union and the United Kingdom are advancing proposals for client-side scanning technologies and digital identity schemes. Aimed at detecting illegal content like child sexual abuse material and terrorist propaganda, these initiatives face strong opposition from privacy advocates, cryptographers, and technology companies. Critics warn that such measures could create new security vulnerabilities and threaten fundamental digital privacy, with key legal decisions and legislative debates expected throughout .

The EU’s Chat Control Proposal

The European Parliament and Council are anticipated to adopt the controversial Chat Control proposal. This plan seeks to implement scanning technology that identifies problematic content before it is encrypted. Critics argue the algorithms are notoriously unreliable, potentially exposing tens of thousands of legal private chats to police scrutiny.

In addition, Chat Control is expected to require age verification, which may force users to upload identification or undergo facial scans. This effectively creates a de facto ban on anonymous communication, raising risks for whistleblowers, journalists, and activists.

UK Online Safety Act and Digital ID Plans

In the United Kingdom, the Online Safety Act has sparked similar concerns. Mandatory scanning of encrypted messages and emails could compel services to compromise encryption. WhatsApp has warned it might withdraw from the UK rather than implement a backdoor.

Although immediate client-side scanning for private communications may not gain support, a government consultation from suggests public and semi-public services, such as cloud storage, might still face scanning requirements. Meanwhile, the UK’s proposed mandatory digital ID scheme is positioned to combat illegal immigration and facilitate right to work checks.

Security and Privacy Concerns

Cryptographers and computer scientists have repeatedly warned that such plans will create security vulnerabilities that will leave the public less safe than before. The Electronic Frontier Foundation (EFF) emphasizes that client-side scanning undermines end-to-end encryption by design. The UK’s Counterterrorism and Border Security Act 2019 also raises concerns, as developers of encrypted apps could inadvertently be considered engaged in hostile activity under Section 3.

Legal Battles Across Europe

Several legal disputes are ongoing. The UK’s Investigatory Powers Tribunal is expected to decide in on remedies for BBC journalists, including Kearney, regarding past surveillance operations.

In France, hacking operations against EncroChat and Sky ECC have been declared state secrets, preventing authorities from testifying about how data was obtained. This has left individuals charged in other EU states unable to challenge the evidence due to the mutual recognition principle. Upcoming decisions in , including complaints from a German citizen, aim to ensure that the law of the European Union requires that people have an effective remedy.

Government Objectives vs. Critic Concerns

Governments argue these measures are necessary to fight child sexual abuse, terrorist material, and illegal immigration. Bill Goodwin of Computer Weekly notes the promise of a ‘technical fix’ to deal with wider societal problems is appealing. However, critics contend these solutions often fail to meet their goals and can introduce mass surveillance risks.

The timeline for the EU’s adoption of Chat Control is unclear, and details on implementing age verification or content scanning without weakening encryption remain unspecified. Likewise, remedies for users affected by past surveillance or evidence from encrypted platforms like EncroChat are pending.

What to Expect in 2026

The year is expected to bring major developments. European court decisions could challenge the mutual recognition principle for evidence from hacked encrypted services, affecting numerous legal cases. Legislative debates will continue to shape the final form of Chat Control, the UK’s digital ID scheme, and enforcement of the Online Safety Act. The outcome will define the future of digital privacy and security across Europe.

Advice for Individuals

To protect digital privacy, individuals should:

  • Stay informed about legislative changes in their jurisdictions.
  • Review the privacy policies of messaging and email services.
  • Support organizations advocating for digital rights and strong encryption.
  • Understand the technical implications of client-side scanning and digital ID verification.

Follow us on Bluesky , LinkedIn , and X to Get Instant Updates