Amendment 1487· GDPR Article 88b(1)(b)
+Addition
Text of the amendment
As tabled
Amending instruction
(1b) In Article 88b, the following paragraph 1b is inserted:
Paragraph 1b it would add
Where technically feasible, data subjects shall be able to use automated and machine-readable means to indicate for which AI-related purposes their personal data may or may not be used. Those indications may distinguish between different purposes, including, for example, AI training, fine- tuning, evaluation, safety testing, generation of outputs, personalisation, advertising, profiling, biometric identification, scientific research, or other specified purposes. Controllers shall respect such indications where the relevant processing is based on consent or on Article 6(1)(f), unless Union or Member State law provides otherwise.'
GDPR Article 88b with this amendment
Amendment 1487 applied to the Commission proposal, no other amendment
Unchanged: (1)
Controllers shall ensure that their online interfaces allow data subjects to:
Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
Where technically feasible, data subjects shall be able to use automated and machine-readable means to indicate for which AI-related purposes their personal data may or may not be used. Those indications may distinguish between different purposes, including, for example, AI training, fine- tuning, evaluation, safety testing, generation of outputs, personalisation, advertising, profiling, biometric identification, scientific research, or other specified purposes. Controllers shall respect such indications where the relevant processing is based on consent or on Article 6(1)(f), unless Union or Member State law provides otherwise.'
+NewUnchanged: (2), (3), (4), (5), (6) and (7)
Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88b(1)(b).
Cite this amendment
Amendment 1487 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1261–1564 to the draft report on COM(2025) 837 (CJ72-AM-791873, PE791.873v01-00, 27 July 2026), pp. 133–134
Link, short form and official text
Amendment 1487 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1261–1564 to the draft report on COM(2025) 837 (CJ72-AM-791873, PE791.873v01-00, 27 July 2026), pp. 133–134
ITRE–LIBE Amendment 1487 (CJ72-AM-791873), p. 133