There is no loophole really, EU can repeal it's own laws the same way it passes them -- it needs to get the commission, the parliament and enough national governments on board.
>Do EU treaties per se contain any language that might be relevant to privacy?
Doesn't matter really. No right in any treaty is absolute. Not even the right to life itself -- the police can and does shoot people and it's legal for them to do under specific conditions. And of course the chat control law says that whatever it is supposed to be doing should be done in the most privacy respecting way possible.
In theory the court (any court really) can weight whether the measures are proportionate and whether negative obligations (not invade privacy) are in a balance with positive obligations (you know -- protective children is also important) and whether the balance is appropriate of a democratic society.
The problem everybody is trying to not see - there is no right to E2E encryption under any law right now. There is no right to have a communication channel that government can't possibly listen to. It's not a thing. The same way there is no right to have your house unsearchable by police and your freedom unbound by a court that can jail you. There are strict limits when any of those things happen, but they do fact happen all the time for good reasons and for bad ones too.
Add: if I would attack it from a legal standpoint, I would not focus on privacy so much, but rather say that creating mass-scaning capability is a threat to the democracy itself.
It's not that I like chat control or think that mass surveillance can lead to any good.
What I'm saying, is -- just because the balance isn't where you want it to be, and the policy is bad, that alone doesn't mean the law is unconstitutional, against the EU treaties or ECHR or should be impossible to pass through the legislative.
>Do EU treaties per se contain any language that might be relevant to privacy?
Doesn't matter really. No right in any treaty is absolute. Not even the right to life itself -- the police can and does shoot people and it's legal for them to do under specific conditions. And of course the chat control law says that whatever it is supposed to be doing should be done in the most privacy respecting way possible.
In theory the court (any court really) can weight whether the measures are proportionate and whether negative obligations (not invade privacy) are in a balance with positive obligations (you know -- protective children is also important) and whether the balance is appropriate of a democratic society.
The problem everybody is trying to not see - there is no right to E2E encryption under any law right now. There is no right to have a communication channel that government can't possibly listen to. It's not a thing. The same way there is no right to have your house unsearchable by police and your freedom unbound by a court that can jail you. There are strict limits when any of those things happen, but they do fact happen all the time for good reasons and for bad ones too.
Add: if I would attack it from a legal standpoint, I would not focus on privacy so much, but rather say that creating mass-scaning capability is a threat to the democracy itself.