Amendment 233· GDPR Article 4(1), added sentences
−Deletion
Text of the amendment
As tabled
Wording it would delete
‘Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.’
Struck CommissionHighlighted amendment
Justification
There is a risk that the Commission’s text will narrow the scope of the concept of ‘personal data’ by linking it to a specific entity’s actual ability to identify the person, with a direct impact on the scope of Regulation (EU) 2016/679 and the fundamental right to data protection. Simplification and competitiveness are necessary, but they cannot be achieved by diminishing the protection of fundamental rights or by introducing legal uncertainty into the application of the GDPR.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, Article 4(1)
‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Commission proposalCOM(2025) 837
Information relating to a natural person is not necessarily personal data for every other person or entity, merely because another entity can identify that natural person. Information shall not be personal for a given entity where that entity cannot identify the natural person to whom the information relates, taking into account the means reasonably likely to be used by that entity. Such information does not become personal for that entity merely because a potential subsequent recipient has means reasonably likely to be used to identify the natural person to whom the information relates.
The Council text of 22 October 2026 drops the Commission’s wording.
Cite this amendment
Amendment 233 (Daniel Buda), European Parliament, Committee on Legal Affairs, amendments 69–296 to the draft opinion on COM(2025) 837 (JURI-AM-790236, PE790.236v01-00, 29 June 2026), pp. 133–134
Link, short form and official text
Amendment 233 (Daniel Buda), European Parliament, Committee on Legal Affairs, amendments 69–296 to the draft opinion on COM(2025) 837 (JURI-AM-790236, PE790.236v01-00, 29 June 2026), pp. 133–134
JURI Amendment 233 (JURI-AM-790236), p. 133