In response to a request for documents pertaining to the decision-making behind the proposed CSAM regulation, the European Commission failed to disclose a list of companies who were consulted about the technical feasibility of detecting CSAM without undermining encryption. This list “clearly fell within the scope” of the Irish Council for Civil Liberties’ request.
The European Ombudsman has now held that the Commission’s failure to disclose the existence of this list constituted “maladministration”.
The technical feasibility question is a major sticking point in the EU negotiations around this file.