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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 31

Analysis in our dossiers
AI development and residual sensitive data

Text

Recital 31 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 31: ST 14756/26, page 29 · exact text page

Dropped

How the recital changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 31Council21 May 2026Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Rec 31Council22 Oct 2026Rec 31
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 31 31 Added In neither text In neither text In neither text In neither text 31 Dropped 31 Dropped

Each text against the text before it: +Added in this text, not in the text before−Dropped drops a provision the text before added— in neither text

Parliament amendments

17 amendments to this recital

9 amendments would delete the whole recital: members of The Left, S&D, Greens/EFA, Renew and non-attached members, and the IMCO rapporteur.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPECRPfENIRapporteur
− Deletion2131···11
~ Alternative·1··3311·

By political group

  • − Deletion The Left 2 S&D 1 Greens/EFA 3 Renew 1 NI 1 Rapporteur 1
  • ~ Alternative S&D 1 EPP 3 ECR 3 PfE 1 NI 1

Show

  1. 19 Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the recital

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Digital Omnibus proposal Recital 31
    Document
    IMCO draft opinion
    Printed header
    Recital 31
  2. 117 Deletion David CormandGreens/EFA · JURI Deletes the recital

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 31
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 31
  3. 118 Alternative Victor NegrescuS&D · JURI “When AI systems and models are trained or deployed on the basis of such legitimate interests, particular care should be taken to ensure that their…”

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions. When AI systems and models are trained or deployed on the basis of such legitimate interests, particular care should be taken to ensure that their use does not exacerbate digital exclusion or discrimination of vulnerable groups and that users receive clear, comprehensible information adapted to different levels of digital literacy.

    Tabled by
    Victor Negrescu
    Group
    S&D
    Targets
    Digital Omnibus proposal Recital 31
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Recital 31
  4. 165 Deletion David CormandGreens/EFA · IMCO Deletes the recital

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 31
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 31
  5. 166 Alternative Piotr MüllerECR · IMCO “in accordance with Articles 13 and 14”

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’' rights such as providing enhancedensuring transparency totowards data subjects in accordance with Articles 13 and 14, providinggiving anfull unconditionaleffect to the right to object toin theaccordance processingwith ofArticle their personal data21, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    Digital Omnibus proposal Recital 31
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Recital 31
  6. 269 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the recital

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
  7. 270 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the recital

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
  8. 271 Deletion Markéta GregorováGreens/EFA · ITRE–LIBE Deletes the recital

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    Markéta Gregorová on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
  9. 272 Deletion Irena Joveva +5Renew · ITRE–LIBE Deletes the recital

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
  10. 273 Deletion Pernando Barrena ArzaThe Left · ITRE–LIBE Deletes the recital

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
Show 7 more amendments
  1. 274 Deletion Marina Kaljurand +8S&D · ITRE–LIBE Deletes the recital

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
    Group
    S&D
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
  2. 275 Alternative Henrik DahlEPP · ITRE–LIBE “When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the…”

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    Henrik Dahl
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
  3. 276 Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “provided that personal data protection rules are adhered to throughout procedures”

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, without prejudice to traditions, habits and customs or religious beliefs, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services, provided that personal data protection rules are adhered to throughout procedures. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data and respecting this decision taken by the individual concerned, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions – situations in which appropriate sanctions must be available.

    Tabled by
    Diana Iovanovici Şoşoacă
    Group
    NI
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
  4. 277 Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “it shall take into account, in particular, the nature and purpose of the processing, including whether such processing is necessary for the…”

    (31) When the controller, in the light of the risk-based approach which informstakes into account the scalability of the obligations under this Regulation, isassesses the balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, it shall take into account, in particular, the nature and purpose of the processing, including whether such processing is necessary for the development or improvement of AI systems or models of significant benefit for the Union’s economy, competitiveness or innovation. Further consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary forto detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuringensure accurate and safefactual outputs for a beneficial use, suchand asamong toother things, improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    Sebastian Tynkkynen, Diego Solier
    Group
    ECR
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
  5. 278 Alternative Zala Černilec Tomašič +8EPP, ECR · ITRE–LIBE “in accordance with Article 21 of Regulation (EU) 2016/679”

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’' rights such as providing enhanced transparency to data subjects, providingensuring anthat unconditionaldata subjects are informed of their right to object to the processing of their personal data in accordance with Article 21 of Regulation (EU) 2016/679, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Justification

    This amendment aligns Recital (31) with Article 88c and the GDPR by removing the reference to an ‘unconditional right to object.’ Article 21 GDPR already regulates the right to object with defined conditions and limitations. Keeping the current recital would create inconsistency with the operative provisions, undermine legal certainty, and conflict with the Data Omnibus objective of providing a clear and coherent legal framework.

    Tabled by
    Zala Černilec Tomašič, Jan Farský, Ondřej Krutílek, Tomáš Zdechovský, Michał Wawrykiewicz, Henrik Dahl, Alexandr Vondra, Veronika Vrecionová, Lukas Mandl
    Group
    EPP, ECR
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
  6. 279 Alternative Jana Nagyová +3PfE · ITRE–LIBE “in accordance with Article 21 of Regulation (EU) 2016/679”

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providingensuring anthat unconditionaldata subjects are informed of their right to object to the processing of their personal data in accordance with Article 21 of Regulation (EU) 2016/679, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Justification

    Recital (31) as proposed by the Commission refers to ‘an unconditional right to object’ as one of the appropriate safeguards. This reference is inconsistent with the right to object as comprehensively regulated by Article 21 of Regulation (EU) 2016/679, which provides for conditions and limitations to that right. This amendment brings it into alignment with the proposed amendment to Article 88c.

    Tabled by
    Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Jaroslav Bžoch
    Group
    PfE
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31
  7. 280 Alternative Aura Salla +5EPP · ITRE–LIBE “When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the…”

    (31) When the controller, in the light of the risk-based approach which informs the scalability of the obligations under this Regulation, is balancing the legitimate interest pursued by the controller or a third party and the interests, rights and freedoms of the data subject, consideration should be given to whether the interest pursued by the controller is beneficial for the data subject and society at large, which may for instance be the case where the processing of personal data is necessary for detecting and removing bias, thereby protecting data subjects from discrimination, or where the processing of personal data is aiming at ensuring accurate and safe outputs for a beneficial use, such as to improve accessibility to certain services. Consideration should also, among others, be given to reasonable expectations of the data subject based on their relationship with the controller, appropriate safeguards to minimise the impact on data subjects’ rights such as providing enhanced transparency to data subjects, providing an unconditional right to object to the processing of their personal data, respecting technical indications embedded in a service limiting the use of data for AI development by third parties, the use of other state of the art privacy preserving techniques for AI training and appropriate technical measures to effectively minimise risks resulting, for example, from regurgitation, data leakage and other intended or foreseeable actions.

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Oliver Schenk, Christian Ehler
    Group
    EPP
    Targets
    Digital Omnibus proposal Recital 31
    Document
    ITRE–LIBE amendments 251–400 to the draft report
    Printed header
    Recital 31