Amendment 262· Digital Omnibus proposal Recital 30
~Alternative
Text of the amendment
As tabled
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 may in some instances be retained in 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 of the controller or a third party within the meaning of Article 6(1)(f) 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. 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.
Struck CommissionHighlighted amendment
Justification
This amendment aligns Recital (30) with Article 88c by clarifying that legitimate interests under Article 6(1)(f) GDPR may be pursued by both controllers and third parties. It removes ambiguity for AI supply chains, ensures consistency between the recital and the operative text, and replaces the broad reference to ‘Article 6’ with the more precise reference to Article 6(1)(f), improving legal certainty and coherent interpretation.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
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 may in some instances be retained in 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 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. 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.
The Council text of 22 October 2026 drops the Commission’s wording.
Cite this amendment
Amendment 262 (Zala Černilec Tomašič and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 251–400 to the draft report on COM(2025) 837 (CJ72-AM-790967, PE790.967v01-00, 27 July 2026), pp. 13–14
Link, short form and official text
Amendment 262 (Zala Černilec Tomašič and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 251–400 to the draft report on COM(2025) 837 (CJ72-AM-790967, PE790.967v01-00, 27 July 2026), pp. 13–14
ITRE–LIBE Amendment 262 (CJ72-AM-790967), p. 13