Amendment 1643· EUDPR Article 10(4)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
4. For processing referred to in point (k) of paragraph 2, appropriatestrict organisational and technical measures shall be implemented to avoidprevent 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, the controller shall erase such data without undue delay prior to completion of the training phase of the Ai system or validationAI ormodel. inIf theerasure of those data from an already trained AI system or AI model proves to be technically impossible, the controller shall removefully such data. If removal of those data requires disproportionate effort,document the controllertechnical shallimpossibility, notify the competent supervisory authority, and, without undue delay and in any event effectively protect withoutsuch unduedata delayby applying state of the art filtering or aligment techniques to guarantee such data fromcannot beingbe further procesed, used to produce outputs, from beingre-identified, disclosed or otherwise made available to third parties. Processing referred to in point (k) of paragraph 2 should exlude the processing of special categories of personal data originating from data provided by, or generated through, the activity of end users on an online platforms or a core platfrom services as defined in Regulation (EU) 2022/1925, irrespective of whether such processing occurs during the development, training, or operational phase of any AI system or AI model.
Struck CommissionHighlighted amendment
EUDPR Article 10 with this amendment
Amendment 1643 applied to the Commission proposal, no other amendment
Unchanged: (1), (2) and (3)
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.
Paragraph 1 shall not apply if one of the following applies:
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;
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;
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;
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;
the processing relates to personal data which are manifestly made public by the data subject;
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;
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;
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;
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
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.
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..
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.
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.
For processing referred to in point (k) of paragraph 2, appropriatestrict organisational and technical measures shall be implemented to avoidprevent 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, the controller shall erase such data without undue delay prior to completion of the training phase of the Ai system or validationAI ormodel. inIf theerasure of those data from an already trained AI system or AI model proves to be technically impossible, the controller shall removefully such data. If removal of those data requires disproportionate effort,document the controllertechnical shallimpossibility, notify the competent supervisory authority, and, without undue delay and in any event effectively protect withoutsuch unduedata delayby applying state of the art filtering or aligment techniques to guarantee such data fromcannot beingbe further procesed, used to produce outputs, from beingre-identified, disclosed or otherwise made available to third parties. Processing referred to in point (k) of paragraph 2 should exlude the processing of special categories of personal data originating from data provided by, or generated through, the activity of end users on an online platforms or a core platfrom services as defined in Regulation (EU) 2022/1925, irrespective of whether such processing occurs during the development, training, or operational phase of any AI system or AI model.
Struck removed Highlighted added Full text on the EUDPR Article 10 page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
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.
Council text of 22 October 2026ST 14756/26
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 that are incidentally and residually involved in the datasets used for the development and technical operation of the AI system or AI model, including training, testing or validation, the controller shall erase such data without undue delay. If erasure of those data proves to be technically impossible or requires manifestly disproportionate effort, the controller shall, without undue delay and in any event, effectively protect such data from being further processed or processed for other purposes, used to produce outputs, disclosed or otherwise made available to third parties.
Cite this amendment
Amendment 1643 (Irena Joveva 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. 83–84
Link, short form and official text
Amendment 1643 (Irena Joveva 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. 83–84
ITRE–LIBE Amendment 1643 (CJ72-AM-791874), p. 83