Amendment 1569· GDPR Article 88c

Where the processingProcessing of personal data that is necessary for the legitimate interests ofpursued by 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 anby AIa model,third such processingparty may be pursuedcarried forout legitimate interests withinon the meaningbasis 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. Such processing shall remain subject to an assessment carried out on a case-by-case basis. It shall not benefit from any presumption of lawfulness. 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.