Texts to 22 Oct 2026

Amendment 1154· GDPR Article 22(1)(ca) (new)

Addition

Tabled by
Tomas Tobé and 2 others (EPP)Tomas Tobé, Arba Kokalari, Jörgen Warborn
Committee and document
ITRE–LIBE·amendments 1053–1260 to the draft report (CJ72-AM-791073, PE791.073v01-00)·27 July 2026
Source
Official text, pp. 81–82·printed header: Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1 – point ca (new)
Targets
Article 22(1)(ca) (new) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Wording it would add

(ca)is taken by an AI system which can be reviewed and overseen by a natural person before or after it takes effect, and where appropriate safeguards are in place;

GDPR Article 22 with this amendment

Amendment 1154 applied to the Commission proposal, no other amendment

1.

A decision which produces legal effects for a data subject or similarly significantly affects him or her may be based solely on automated processing, including profiling, only where that decision:

Amended
Unchanged: (a), (b) and (c)
(a)

is necessary for entering into, or performance of, a contract between the data subject and a data controller regardless of whether the decision could be taken otherwise than by solely automated means;

(b)

is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or

(c)

is based on the data subject’s explicit consent.

(ca)

is taken by an AI system which can be reviewed and overseen by a natural person before or after it takes effect, and where appropriate safeguards are in place;

New
Unchanged: (3) and (4)
3.

In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

4.

Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.

Full text on the GDPR Article 22 page

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

No Council text amends Article 22(1)(ca) (new).

Cite this amendment

Amendment 1154 (Tomas Tobé and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1053–1260 to the draft report on COM(2025) 837 (CJ72-AM-791073, PE791.073v01-00, 27 July 2026), pp. 81–82

Link, short form and official text
Reference

Amendment 1154 (Tomas Tobé and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1053–1260 to the draft report on COM(2025) 837 (CJ72-AM-791073, PE791.073v01-00, 27 July 2026), pp. 81–82

Short form

ITRE–LIBE Amendment 1154 (CJ72-AM-791073), p. 81

Entry in the source list