Texts to 22 Oct 2026

Amendment 1630· EUDPR Article 10(2)(k) and Article 10(2)(l)

Deletion

Tabled by
Pernando Barrena Arza and 1 other (The Left)Pernando Barrena Arza, João Oliveira
Committee and document
ITRE–LIBE·amendments 1565–1740 to the draft report (CJ72-AM-791874, PE791.874v01-00)·27 July 2026
Source
Official text, pp. 75–76·printed header: Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point k, l
Targets
Article 10(2)(k) and Article 10(2)(l) of the EU institutions’ data protection regulation (EUDPR)

Text of the amendment

As tabled

Wording it would delete

(a) in paragraph 2, the following points are added: (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 4. . (l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject.’

Struck CommissionHighlighted amendment

EUDPR Article 10 with this amendment

Amendment 1630 applied to the Commission proposal, no other amendment

Unchanged: (1)
1.

Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.

2.

Paragraph 1 shall not apply if one of the following applies:

Amended
Unchanged: (a), (b), (c), (d), (e), (f) and 4 more
(a)

the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;

(b)

the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;

(c)

the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;

(d)

the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;

(e)

the processing relates to personal data which are manifestly made public by the data subject;

(f)

the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;

(g)

the processing is necessary for reasons of substantial public interest, on the basis of Union 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)

the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;

(i)

the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or

(j)

the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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.

(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 4..

Deleted
(l)

processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject.

Deleted
Unchanged: (3) and (4)
3.

Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by, or under the responsibility of, a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies, or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.

4.

For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.

Struck removed Highlighted added Full text on the EUDPR Article 10 page

Target

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

EUDPR Article 10(2)(k)

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 4..

Council text of 22 October 2026ST 14756/26

(k)incidental processing of residual data, where not intended 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 4.

EUDPR Article 10(2)(l)

Commission proposalCOM(2025) 837

(l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject.

Council text of 22 October 2026ST 14756/26

(l)processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the one-to-one verification is under the sole control of the data subject and, where applicable, subject to appropriate safeguards to protect the fundamental rights and the interests of the data subject, as laid down in Union law.’

Cite this amendment

Amendment 1630 (Pernando Barrena Arza 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. 75–76

Link, short form and official text
Reference

Amendment 1630 (Pernando Barrena Arza 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. 75–76

Short form

ITRE–LIBE Amendment 1630 (CJ72-AM-791874), p. 75

Entry in the source list