The DAV also notes that the associated obligation to evaluate communication content on a large scale would be incompatible with fundamental freedom rights, would represent a particularly serious encroachment on the confidentiality of communication and, in addition, all users of e-mail, chat and hosting services under general suspicion. There is a risk of significant “chilling effects“, i.e. self-censorship by EU citizens . In addition, interference with the relationship of trust with persons subject to professional secrecy such as lawyers, doctors and journalists could be feared.
This planned mass evaluation of communication content would also contradict the case law of the European Court of Justice (ECJ) in relation to data retention. The court has repeatedly declared excessively broad storage requirements to be unlawful.