Amendment 1558· GDPR Article 88c(2a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
In Article 88c, the following paragraph is added:
Paragraph it would add
The development and operation of an AI system or model may constitute, depending on the circumstances, one example of such a legitimate interest pursued by the controller or by a third party within the meaning of point (f) of Article 6(1), without prejudice to other present innovative technologies or future technological use cases. The assessment shall remain technologically neutral and depends on the purpose of the processing, including, as regards AI, the intended purpose within the meaning of Regulation (EU) 2024/1689.'
GDPR Article 88c with this amendment
Amendment 1558 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.
The development and operation of an AI system or model may constitute, depending on the circumstances, one example of such a legitimate interest pursued by the controller or by a third party within the meaning of point (f) of Article 6(1), without prejudice to other present innovative technologies or future technological use cases. The assessment shall remain technologically neutral and depends on the purpose of the processing, including, as regards AI, the intended purpose within the meaning of Regulation (EU) 2024/1689.'
+NewTarget
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88c(2a) (new).
Cite this amendment
Amendment 1558 (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. 170–171
Link, short form and official text
Amendment 1558 (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. 170–171
ITRE–LIBE Amendment 1558 (CJ72-AM-791873), p. 170