Amendment 257· Digital Omnibus proposal Recital 30

Wordingagainst the Commission’s

(30) Trustworthy AI is key in providing for economic growth and supporting innovation with socially beneficial outcomes. The development and use of AI systems and the underlying models such as large language models and generative video models rely on data, including personal data, in various phases in the AI lifecycle, such as the training, testing and validation phase and personal data may, in some instances, be retainedextracted infrom, regurgitated by, or inferred from the AI system or the AI model. The processing of personal data in this context may therefore be carried out for purposes of a legitimate interest pursued by the controller or by a third party, including the provider of a pre-trained model, within the meaning of Article 6 of Regulation (EU) 2016/679, where appropriate. This does not affect the obligation of the controller to ensure that the development or use (deployment) of AI in a specific context or for specific purposes complies with other Union or national law, or to ensure compliance where its use is explicitly prohibited by law. Such processing shall not benefit from any presumption of lawfulness and remains subject to a balancing test carried out on a case-by-case basis. The fact that a system or model is presented as producing anonymised data shall not, in itself, exclude the application of that Regulation where personal data may be extracted from, or inferred from, that system or model by means reasonably likely to be used. It also does not affect its obligation to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

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