Texts to 22 Oct 2026

Amendment 1592· GDPR Article 88c(2a) (new)

Addition

Tabled by
Axel Voss (EPP)
Committee and document
ITRE–LIBE·amendments 1565–1740 to the draft report (CJ72-AM-791874, PE791.874v01-00)·27 July 2026
Source
Official text, p. 23·printed header: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)
Targets
Article 88c(2a) (new) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Amending instruction

In Article 88c, the following paragraph is added:

Paragraph it would add

This does not affect the obligation of the controller to choose the most appropriate lawful ground of processing set out in Article 6 of Regulation (EU) 2016/679, such as Article 6(1)(e) with regard to processing by public authorities.'

GDPR Article 88c with this amendment

Amendment 1592 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.

2a.

This does not affect the obligation of the controller to choose the most appropriate lawful ground of processing set out in Article 6 of Regulation (EU) 2016/679, such as Article 6(1)(e) with regard to processing by public authorities.'

New

Full text on the GDPR Article 88c page

Justification

Europe needs a clear, harmonised lawful basis for responsible AI development and operation. Divergent interpretations of legitimate interest create uncertainty, compliance costs and incentives to train, test and validate AI outside Europe. The amendment confirms that Article 6(1)(f) may apply where processing is necessary and balanced against data-subject rights, while preserving consent requirements, the duty to choose the correct lawful basis and safeguards against disclosure of residually retained data.

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

No Council text amends Article 88c(2a) (new).

Cite this amendment

Amendment 1592 (Axel Voss), 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. 23

Link, short form and official text
Reference

Amendment 1592 (Axel Voss), 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. 23

Short form

ITRE–LIBE Amendment 1592 (CJ72-AM-791874), p. 23

Entry in the source list