COMMISSION IMPLEMENTING REGULATION (EU) 2024/2916

| Official Journal of the European Union | EN L series ---|---|--- * * * | 2024/2916 | 26.11.2024 ---|---|--- COMMISSION IMPLEMENTING REGULATION (EU) 2024/2916 of 25 November 2024 laying down a standard form for the data included in the report on the processing of personal data published and reported to the competent supervisory authority and to the Commission by service providers under Regulation (EU) 2021/1232 of the European Parliament and of the Council (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (1), and in particular Article 3(4) thereof, After consulting the Committee established by Article 9a(1) of Regulation (EU) 2021/1232, Whereas: (1) | The information to be included in the report on the processing of personal data published and reported to the competent supervisory authority and to the Commission is referred to in Article 3(1), point (g), subpoint (vii), of Regulation (EU) 2021/1232. ---|--- (2) | In order to improve reporting and to ensure that data is collected in a uniform manner, providers of number-independent interpersonal communications services should use the standard form laid out in the Annex to this Regulation when complying with their reporting obligations pursuant to Regulation (EU) 2021/1232, ---|--- HAS ADOPTED THIS REGULATION: Article 1 Standard form for the reports Providers of number-independent interpersonal communications services shall use the standard form set out in the Annex to this Regulation when they publish and submit to the competent supervisory authority and to the Commission a report on the processing of personal data under Article 3(1), point (g), subpoint (vii), of Regulation (EU) 2021/1232. Article 2 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 November 2024. For the Commission The President Ursula VON DER LEYEN * * * (1) OJ L 274, 30.7.2021, p. 41, ELI: http://data.europa.eu/eli/reg/2021/1232/oj. * * * ANNEX Category according to Article 3(1)(g)(vii) of Regulation (EU) 2021/1232 | Subcategory | Description ---|---|--- | 1) | the type and volumes of data processed ---|--- Specific number-independent interpersonal communications service concerned | Metadata related to the users who are parts of the online exchange | i.e. any data related to the users who are parts of the online exchange and their accounts that is not content data. Yes/no. If yes, specify all types of data processed (e.g. user name, user identification number, IP address, Internet protocol, network port number, location, etc.) and the volume Content data of the online exchange | Yes/no. If yes, specify the below Number of images processed in relation to EU users | Number of images processed in relation to non-EU users | Number of videos processed in relation to EU users | Number of videos processed in relation to non-EU users | Number of other files processed in relation to EU users | If yes, specify what type of files (e.g. pdfs, documents, gifs, audio files) Number of other files processed in relation to non-EU users | If yes, specify what type of files (e.g. pdfs, documents, gifs, audio files) Number of bytes of text processed for detection of solicitation of children in relation to EU users | Number of bytes of text processed for detection of solicitation of children in relation to non-EU users | Other information of relevance to the types and volumes of data processed | | 2) | the specific ground relied on for the processing pursuant to Regulation (EU) 2016/679 ---|--- | Where the claimed legal ground is Article 6(1)(c) or (e) GDPR, please indicate which Union or national law is relied upon pursuant to Article 6(3) GDPR. | 3) | the ground relied on for transfers of personal data outside the Union pursuant to Chapter V of Regulation (EU) 2016/679, where applicable ---|--- | Please specify in what type of cases a transfer outside the Union has taken place and for which purpose, and which legal grounds for transfer have been applied under Chapter V of the GDPR. | 4) | the number of cases of online child sexual abuse identified ---|--- | Known CSAM | Number of reports concerning known CSAM in relation to EU users | Known CSAM refers to material that has been confirmed as constituting online child sexual abuse material Number of images of known CSAM reported in relation to EU users | Number of videos of known CSAM reported in relation to EU users | Number of other files of known CSAM reported in relation to EU users | If yes, specify what type of files Number of user accounts in the EU reported as sending at least one content item of known CSAM | Number of user accounts in the EU reported as receiving at least one content item of known CSAM | New CSAM | Number of reports concerning possible new CSAM in relation to EU users | Possible new CSAM refers to reported files other than known CSAM Number of images of possible new CSAM reported in relation to EU users | Number of videos of possible new CSAM reported in relation to EU users | Number of other files of possible new CSAM reported in relation to EU users | If yes, specify what type of files Number of user accounts in the EU reported as sending at least one content item of possible new CSAM | Number of user accounts in the EU reported as receiving at least one content item of possible new CSAM | Solicitation | Number of reports of possible solicitation of children in relation to EU users | Number of user accounts in the EU reported as possibly soliciting a child | Number of user accounts reported as possibly soliciting a child in the EU | | 5) | the number of cases in which a user has lodged a complaint with the internal redress mechanism or with a judicial authority and the outcome of such complaints ---|--- | Known CSAM | Number of content items removed as constituting known CSAM | Content items Number of complaints lodged with the internal mechanism against the removal of the content item for constituting known CSAM Reasons for the complaints lodged with the internal mechanism against the removal of the content item for constituting known CSAM (optional) Number of content items removed as constituting known CSAM that were restored after review following a complaint lodged with the internal mechanism Average time needed to take the decision to restore or keep the removal of items initially removed as constituting known CSAM, following a complaint lodged with the internal mechanism (optional) Number of complaints lodged with the judicial authority against the removal of the content item for constituting known CSAM Reasons for the complaints lodged with the judicial authority against the removal of the content item for constituting known CSAM (optional) Number of content items removed as constituting known CSAM that were restored after review following a complaint lodged with the judicial authority Average time needed to comply with the judicial decision to restore or keep the removal of items initially removed as constituting known CSAM, following a complaint lodged with the judicial authority (optional) Number of user accounts in the EU suspended for having shared known CSAM | User accounts in the EU Number of complaints lodged with the internal mechanism against the suspension of the user account in the EU for having shared known CSAM Reasons for the complaints lodged with the internal mechanism against the suspension of the user account in the EU for having shared known CSAM (optional) Number of user accounts in the EU suspended for having shared known CSAM that were restored after review following a complaint lodged with the internal mechanism Average time needed to take the decision to restore or keep the suspension of the user accounts in the EU initially suspended as having shared known CSAM, following a complaint lodged with the internal mechanism (optional) Number of complaints lodged with the judicial authority against the suspension of the user account in the EU for having shared known CSAM Reasons for the complaints lodged with the judicial authority against the suspension of the user account in the EU for having shared known CSAM (optional) Number of user accounts in the EU suspended for having shared known CSAM that were restored after review following a complaint lodged with the judicial authority Average time needed to comply with the judicial decision to restore or keep the suspension of the user accounts in the EU initially suspended as having shared known CSAM, following a complaint lodged with the judicial authority (optional) New CSAM | Number of content items removed as constituting possible new CSAM | Content items Number of complaints lodged with the internal mechanism against the removal of the content item for constituting possible new CSAM Reasons for the complaints lodged with the internal mechanism against the removal of the content item for constituting possible new CSAM (optional) Number of content items removed as constituting possible new CSAM that were restored after review following a complaint lodged with the internal mechanism Average time needed to take the decision to restore or keep the removal of items initially removed as constituting possible new CSAM, following a complaint lodged with the internal mechanism (optional) Number of complaints lodged with the judicial authority against the removal of the content item for constituting possible new CSAM Reasons for the complaints lodged with the judicial authority against the removal of the content item for constituting possible new CSAM (optional) Number of content items removed as constituting possible new CSAM that were restored after review following a complaint lodged with the judicial authority Average time needed to comply with the judicial decision to restore or keep the removal of items initially removed as constituting possible new CSAM, following a complaint lodged with the judicial authority (optional) Number of user accounts in the EU suspended for having shared possible new CSAM | User accounts in the EU Number of complaints lodged with the internal mechanism against the suspension of the user account in the EU for having shared possible new CSAM Reasons for the complaints lodged with the internal mechanism against the suspension of the user account in the EU for having shared possible new CSAM (optional) Number of user accounts in the EU suspended for having shared possible new CSAM that were restored after review following a complaint lodged with the internal mechanism Average time needed to take the decision to restore or keep the suspension of the user accounts in the EU initially suspended as having shared possible new CSAM, following a complaint lodged with the internal mechanism (optional) Number of complaints lodged with the judicial authority against the suspension of the user account in the EU for having shared possible new CSAM Reasons for the complaints lodged with the judicial authority against the suspension of the user account in the EU for having shared possible new CSAM (optional) Number of user accounts in the EU suspended for having shared possible new CSAM that were restored after review following a complaint lodged with the judicial authority Average time needed to comply with the judicial decision to restore or keep the suspension of the user accounts in the EU initially suspended as having shared possible new CSAM, following a complaint lodged with the judicial authority (optional) Solicitation | Number of user accounts in the EU suspended for having solicited a child | User accounts in the EU Number of complaints lodged with the internal mechanism against the suspension of the user account in the EU for having solicited a child Reasons for the complaints lodged with the internal mechanism against the suspension of the user account in the EU for having solicited a child (optional) Number of user accounts in the EU suspended for having solicited a child that were restored after review following a complaint lodged with the internal mechanism Average time needed to take the decision to restore or keep the suspension of the user account in the EU initially suspended for having solicited a child, following a complaint lodged with the internal mechanism (optional) Number of complaints lodged with the judicial authority against the suspension of the user account in the EU for soliciting a child Reasons for the complaints lodged with the judicial authority against the suspension of the user account in the EU for having solicited a child (optional) Number of user accounts in the EU suspended for having solicited a child that were restored after review following a complaint lodged with the judicial authority Average time needed to comply with the judicial decision to restore or keep the suspension of the user account in the EU initially suspended for having solicited a child, following a complaint lodged with the judicial authority (optional) | 6) | the numbers and ratios of errors (false positives) of the different technologies used ---|--- | Error rate: number of pieces of content flagged automatically as possible online CSA which are not online CSA upon human review, divided by the number of pieces of content flagged automatically as possible online CSA Please specify for each of the different technologies used. Known CSAM | A1: Number of content items automatically flagged as constituting known CSAM | B1: Number of content items automatically flagged as constituting known CSAM which are not known CSAM upon human review | Error rate: B1/A1 (%) | C1: Number of content items automatically flagged as constituting known CSAM that are subject to human review | Other relevant findings | New CSAM | A2: Number of content items automatically flagged as constituting new CSAM | B2: Number of content items automatically flagged as constituting new CSAM which are not CSAM upon human review | Error rate: B2/A2 (%) | C2: Number of content items automatically flagged as constituting new CSAM that are subject to human review | Other relevant findings | Solicitation | A3: Number of user accounts in the EU automatically flagged as either having solicited a child or being solicited as a child | B3: Number of user accounts in the EU automatically flagged as either having solicited a child or being solicited as a child which were not involved in solicitation upon human review | Error rate: B3/A3 (%) | C3: Number of user accounts in the EU automatically flagged as either having solicited a child or being solicited as a child that are subject to human review | Other relevant findings | | 7) | the measures applied to limit the error rate and the error rate achieved ---|--- | Known CSAM | Measures to check the quality of existing hashes (please specify) | Indicators (e.g. hashes) Measures to vet hashes before they are added to the database (please specify) Other measures to limit the error rate through actions on the hashes (please specify) Implementation plan vetted by independent third party | Implementation of the detection technology Other measures to limit the error rates through actions on the deployment of the detection technology (please specify) Systematic human review of every content item flagged as known CSAM prior to reporting | Human review Human review of sample content items flagged as known CSAM prior to reporting Training policies of human reviewers (please specify, e.g. the type and duration of training before start working, the periodicity and type of refresh trainings, etc.) Measures to ensure periodic quality control assessments of human reviewers and the verdicts that are applied (please specify) Measures to ensure feedback from NCMEC and/or from other organisations acting in the public interest against child sexual abuse (please specify) | Other measures Measures to ensure feedback from law enforcement (please specify) Measures to ensure feedback from the outcome of a complaint in the context of the internal redress mechanism or a complaint lodged with a judicial authority (please specify) Other measures to limit the error rate (please specify) Error rate achieved following the implementation of the measures to limit the error rate (if applicable, i.e. if new measures have been introduced) | Error rate achieved New CSAM | Measures to check the quality of existing AI classifiers (please specify) | Indicators (e.g. AI classifiers) Measures to vet AI classifiers before they are added to the database (please specify) Other measures to limit the error rate through actions on the AI classifiers (please specify) Implementation plan vetted by independent third party | Implementation of the detection technology Other measures to limit the error rates through actions on the deployment of the detection technology (please specify) Systematic human review of every content item flagged as possible new CSAM prior to reporting | Human review Human review of sample content items flagged as possible new CSAM prior to reporting Training policies of human reviewers (please specify, e.g. the type and duration of training before start working, the periodicity and type of refresh trainings, etc.) Measures to ensure periodic quality control assessments of human reviewers and the verdicts that are applied (please specify) Measures to ensure feedback from NCMEC and/or from other organisations acting in the public interest against child sexual abuse (please specify) | Other measures Measures to ensure feedback from law enforcement (please specify) Measures to ensure feedback from the outcome of a complaint in the context of the internal redress mechanism or a complaint lodged with a judicial authority (please specify) Other measures to limit the error rate (please specify) Error rate achieved following the implementation of the measures to limit the error rate (if applicable, i.e. if new measures have been introduced) | Error rate achieved Solicitation | Measures to check the quality of existing AI classifiers (please specify) | Indicators (e.g. AI classifiers) Measures to vet AI classifiers before they are added to the database (please specify) Other measures to limit the error rate through actions on the AI classifiers (please specify) Implementation plan vetted by independent third party | Implementation of the detection technology Other measures to limit the error rates through actions on the deployment of the detection technology (please specify) Systematic human review of every content item flagged as possible solicitation prior to reporting | Human review Human review of sample content items flagged as possible solicitation prior to reporting Training policies of human reviewers (please specify, e.g. the type and duration of training before start working, the periodicity and type of refresh trainings, etc.) Measures to ensure periodic quality control assessments of human reviewers and the verdicts that are applied (please specify) Measures to ensure feedback from NCMEC and/or from other organisations acting in the public interest against child sexual abuse (please specify) | Other measures Measures to ensure feedback from law enforcement (please specify) Measures to ensure feedback from the outcome of a complaint in the context of the internal redress mechanism or a complaint lodged with a judicial authority (please specify) Other measures to limit the error rate (please specify) Error rate achieved following the implementation of the measures to limit the error rate (if applicable, i.e. if new measures have been introduced) | Error rate achieved | 8) | the retention policy and the data protection safeguards applied pursuant to Regulation (EU) 2016/679 ---|--- | Retention policies | Retention policy for content items identified as online CSA (please specify) | Please specify for each category the length of the relevant retention periods. Retention policy for non-content data related to reports of online CSA, including after a possible deactivation of the account by the user (please specify) | Retention policy for data related to complaints and policy violations | Other relevant retention policies (please specify) | Data protection safeguards | Use of de-identification or pseudonymisation techniques and anonymisation of data | Specify the techniques and in which instances they are deployed Use of industry standard encryption (algorithms and protocols) for data in transit between privately owned infrastructure and public networks | Implementation of data governance strategies/comprehensive privacy programmes (please specify) | E.g. Internal data access restrictions, usage of Access Control Lists, confidentiality obligations to those with access, etc. Procedures to review of anonymisation and data governance strategies (please specify) | Procedures to maintain security incident response plans for monitoring, detecting, and handling any possible security vulnerabilities and incidents across infrastructure (please specify) | Other technical and organisational measures to ensure the security of the data (please specify) | Internal Redress mechanism | Please specify whether: i) you inform the individual on the facts relevant for your decision, ii) the procedures in place to assess possible user’s enquiries regarding your decision, iii) a dedicated communication channel with users exists, iv) users are informed about the completion of the assessment and v) whether additional information is sent to the recipients of Article (3)(1)(h)(i) of Regulation (EU) 2021/1232 based on the outcome of the assessment of user’s complaint Right to access users’ data | Please specify whether, how and when users are being given access to their data in case their accounts are temporarily or permanently suspended or deleted as a result of identified CSAM or solicitation Other safeguards (please specify) | | 9) | the names of the organisations acting in the public interest against child sexual abuse with which data has been shared pursuant to this Regulation ---|--- National Centre for Missing and Exploited Children (NCMEC) | EU Centre to prevent and combat child sexual abuse | Only applicable upon establishment of the EU Centre Other (please specify) | * * * ELI: http://data.europa.eu/eli/reg_impl/2024/2916/oj ISSN 1977-0677 (electronic edition) * * *