Earlier quoted context omitted.
It doesn't apply at all. If you get accidentally flagged as criminal it can easily destroy your live, without a years log curt case you might never get properly un-flagged even if you are innocent but then the damage is more then just done. Worse after wards the chance to again be attacked when you are innocent aren't that small because even if you get un-flagged the system is most likely remembering that you had bee…
What do you mean "flagged as criminal"? In EU we have the principle of innocent until proven guilty. No-one is criminal unless they have been through the process of justice. The scenario you are describing just isn't going to happen. I'm glad that the EU are proposing sensible and proportionate solutions to the thorny issue of paedophiles concealing their depraved activities online. The privacy activists have cried w…
This law is de-facto undermining it. Sure the police will investigate and clear the name but Google, Apple and co. won't. They will just treat you as a criminal they don't want to do business with from the accusation onward because that's the cheapest thing to to for them. Not even including the fact that not having access to your mail until the investigation concludes can cause massive damages you will not get reimbursed for.
Also having had a criminal investigation because of child pornography even if proven that you are innocent hugely increases the chance of you being suspect if there is a e.g. child being abducted around where you live. Which can destroy you live even if you are innocent in many ways, e.g. BILD printing headlines implying a person which can basically just be you is most most likely the criminal. Children being forcefully taken away from there parents even if the parents turned out innocent is another thing which did/does happen and can be traumatizing for the children.
This doesn't even include cases where people are willfully wrongly convicted (even if this judgement is later overthrown). Which is a massive problem in the US when the accused is very poor. Through less so in the EU. But it still happens here in some cases, e.g. involving people with mental problems which can't properly represent themself at all and do not have a support net.