Amendment 1016· GDPR Article 6(4b) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
2f. In Article 6, the following paragraph 4b is inserted:
Paragraph 4b it would add
Where personal data are collected from publicly accessible sources by means of web scraping for the purposes of developing or training an artificial intelligence system or model, the processing may be based on point f of paragraph 1 only where the conditions set out in paragraph 1a are met. In assessing whether the interests or fundamental rights and freedoms of the data subject override the interest pursued, account shall be taken in particular of:
(a)the nature of the data, greater weight being given to data revealing highly private information;
(b)the context of the processing, including the volume of data, the number of data subjects and the indiscriminate character of the collection;
(c)the consequences for the data subject, including the difficulty of exercising their rights once the model is trained;
(d)the reasonable expectations of the data subject, having regard to the nature of the source, the publicly accessible character of the data, whether the data subject has manifestly made the data public, and any technical restriction by which the source opposes scraping.
Consent shall not be inferred from the mere online accessibility of personal data, nor from the absence of a technical measure opposing scraping. Where the interests or fundamental rights and freedoms of the data subject would override the interest pursued, the controller may implement mitigating measures, including limiting collection to freely accessible data, excluding sources that oppose scraping, facilitating the right to object including prior to collection, and deleting or anonymising personal data as soon as possible; where such measures are insufficient, the processing shall not be based on point f of paragraph 1.'
GDPR Article 6 with this amendment
Amendment 1016 applied to the Commission proposal, no other amendment
Unchanged: 6 paragraphs
Processing shall be lawful only if and to the extent that at least one of the following applies:
the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
processing is necessary for compliance with a legal obligation to which the controller is subject;
processing is necessary in order to protect the vital interests of the data subject or of another natural person;
processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.
Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in Chapter IX.
The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by:
Union law; or
Member State law to which the controller is subject.
The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in Chapter IX. The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued.
Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject’s consent or on a Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1), the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia:
any link between the purposes for which the personal data have been collected and the purposes of the intended further processing;
the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller;
the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10;
the possible consequences of the intended further processing for data subjects;
the existence of appropriate safeguards, which may include encryption or pseudonymisation.
Where personal data are collected from publicly accessible sources by means of web scraping for the purposes of developing or training an artificial intelligence system or model, the processing may be based on point f of paragraph 1 only where the conditions set out in paragraph 1a are met. In assessing whether the interests or fundamental rights and freedoms of the data subject override the interest pursued, account shall be taken in particular of:
+Newthe nature of the data, greater weight being given to data revealing highly private information;
+Newthe context of the processing, including the volume of data, the number of data subjects and the indiscriminate character of the collection;
+Newthe consequences for the data subject, including the difficulty of exercising their rights once the model is trained;
+Newthe reasonable expectations of the data subject, having regard to the nature of the source, the publicly accessible character of the data, whether the data subject has manifestly made the data public, and any technical restriction by which the source opposes scraping.
+NewConsent shall not be inferred from the mere online accessibility of personal data, nor from the absence of a technical measure opposing scraping. Where the interests or fundamental rights and freedoms of the data subject would override the interest pursued, the controller may implement mitigating measures, including limiting collection to freely accessible data, excluding sources that oppose scraping, facilitating the right to object including prior to collection, and deleting or anonymising personal data as soon as possible; where such measures are insufficient, the processing shall not be based on point f of paragraph 1.'
Justification
Where personal data are collected from publicly accessible sources by means of web scraping for the purpose of developing or training an artificial intelligence system, reliance on legitimate interest remains subject to the conditions of Article 6(1a). The balancing test takes particular account of the nature of the data, the volume and indiscriminate character of the collection, the difficulty for the data subject of exercising their rights once the model is trained, and the reasonable expectations of the data subject, having regard to the nature of the source and to any technical restriction opposing scraping. The mere online accessibility of personal data does not constitute consent, nor does the absence of a robots.txt file. This codifies the EDPB Guidelines 03/2026.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 6(4b) (new).
Cite this amendment
Amendment 1016 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 149–150
Link, short form and official text
Amendment 1016 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 149–150
ITRE–LIBE Amendment 1016 (CJ72-AM-791072), p. 149