Amendment 1557· GDPR Article 88c; Article 88c, heading
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
Processing in the context of the development and operation of AIinnovative technologies
Struck CommissionHighlighted amendment
GDPR Article 88c with this amendment
Amendment 1557 applied to the Commission proposal, no other amendment
Unchanged: one paragraph
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and 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. Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
Justification
Replaces ‘artificial intelligence’ by ‘innovative technologies’. The considerations governing the processing of personal data in the development and operation of AI are not specific to that technology: they apply to any innovative technology involving large-scale processing. Technological neutrality prevents the provision from becoming obsolete with the next technological cycle.
Target
Wording of the targeted provisionslaw in force, Commission proposal, latest Council text
GDPR Article 88c
Commission proposalCOM(2025) 837
Article 88c Processing in the context of the development and operation of AI Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and 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. Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
The Council text of 3 September 2026 drops the Commission’s wording.
GDPR Article 88c, heading
No Council text amends Article 88c, heading.
Cite this amendment
Amendment 1557 (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), p. 170
Link, short form and official text
Amendment 1557 (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), p. 170
ITRE–LIBE Amendment 1557 (CJ72-AM-791873), p. 170