Amendment 1585· GDPR Article 88c
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
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 an 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 in accordance with Article 21 of Regulation (EU) 2016/679.
Struck CommissionHighlighted amendment
GDPR Article 88c with this amendment
Amendment 1585 applied to the Commission proposal, no other amendment
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 an 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 in accordance with Article 21 of Regulation (EU) 2016/679.
Struck removed Highlighted added Full text on the GDPR Article 88c page
Justification
Article 88c should remain fully coherent not to create new sources of legal fragmentation within the Union. While the Commission’s objective of simplification is well founded, the current wording of Article 88c does not fully achieve that aim.First, Article 6 GDPR expressly refers to the legitimate interests of both the controller and a third party. Limiting Article 88c to the interests of the controller alone would therefore introduce an unnecessary restriction and would reduce legal certainty for the development and operation of AI systems. Second, the reference to an ‘unconditional right to object’ is not aligned with the GDPR framework. The right to object is already comprehensively governed by Article 21 GDPR, which establishes the applicable conditions and limitations. Introducing an unconditional variant within Article 88c would deviate from that framework, create inconsistencies in interpretation and enforcement, and effectively render the legitimate interests ground unavailable in practice for the purposes covered by this provision.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
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.
Cite this amendment
Amendment 1585 (Jana Nagyová and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1565–1740 to the draft report on COM(2025) 837 (CJ72-AM-791874, PE791.874v01-00, 27 July 2026), p. 18
Link, short form and official text
Amendment 1585 (Jana Nagyová and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1565–1740 to the draft report on COM(2025) 837 (CJ72-AM-791874, PE791.874v01-00, 27 July 2026), p. 18
ITRE–LIBE Amendment 1585 (CJ72-AM-791874), p. 18