Amendment 1602· GDPR Article 9(2)(k)
+Addition
Text of the amendment
As tabled
Amending instruction
In Article 9, paragraph 2 the following point k is added
Point (k) it would add
‘(ja) processing is strictly necessary for the anonymisation of personal data pursuant to Article 6(3a), provided that the processing is subject to appropriate technical and organisational safeguards, that the data are not used to take measures or decisions concerning individual data subjects and that identifiable data are erased or rendered inaccessible as soon as they are no longer necessary for the anonymisation process.’
Wider passage printed with the amendment
2.Paragraph 1 shall not apply if one of the following applies:
(a)the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
(b)processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
(c)processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
(d)processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects;(e)processing relates to personal data which are manifestly made public by the data subject;(f)processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;
(g)processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;
(h)processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
(i)processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy;
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
(k) processing 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, subject to the conditions referred to in paragraph 5.
Council text of 22 October 2026ST 14756/26
‘(k)incidental processing of residual data, where not intended by the controller, in the context of the development and technical operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model as referred to in Regulation (EU) 2024/1689, subject to the conditions referred to in paragraph 5.
Cite this amendment
Amendment 1602 (Andrea Wechsler 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), pp. 56–58
Link, short form and official text
Amendment 1602 (Andrea Wechsler 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), pp. 56–58
ITRE–LIBE Amendment 1602 (CJ72-AM-791874), p. 56