GDPR· Article 13

Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.

4a. Article 13 is replaced by the following

Justification

While the dispensation provided is welcome, it is pointless without a clear definition of ‘low risk’. This amendment seeks to establish a basic white list, which should be revised so as not to stymie innovation in the future.

4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.

5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and therethe arecontroller reasonableis groundsable to assumedemonstrate that the data subject already has the information referred to in points (a), (c) and (cd) of paragraph 1. If the controller intends to carry out processing operations requiring the information referred to in points (e) and (f) of paragraph 1, unlesssuch as the controllertransmission transmits theof data to other recipients or categories of recipients, transfersthe thetransfer of data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or if the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35, the processor shall supply this information to the data subject.

5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’

4. Paragraphs 1, 2 and 3 shall not apply where: (a) the data subject already has the information; or (b) the following conditions are met: (i) the personal data have been collected by a micro, small, and medium-sized enterprise or an organisation employing fewer than 250 employees; (ii) the personal data are necessary under point (b) of paragraph 1 of Article 6 in the context of a clear and circumscribed relationship between the data subjectssubject and a controller exercisingwhich anthe activitydata thatsubject fully comprehends and which is not data-intensive; (iii) the controller is not required to appoint a data protection officer pursuant to Article 37(1); (iv) the personal data are not special categories of personal data pursuant to Article 9 or personal data relating to criminal convictions and offences pursuant to Article 10; (v) there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unlessand the information remains available to the data subject; (vi) the controller transmitsdoes not transmit the data to other recipientscontrollers, or categories of recipients, transferstransfer the data to a third country,; (vii) carriesthe controller does not carry out automated decision-making, including profiling, referred to in Article 22(1),; orand (viii) the processing is not likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35. In those cases, the controller may alternatively provide information solely through the icons referred to in Article 12 paragraph 7, as long as the complete information remains easily and readily available to the data subject.

6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’ssubject’s rights and freedoms and legitimate interests, including making the information publicly available. This paragraph shall apply without prejudice to the conditions and safeguards which apply to the processing of personal data in AI regulatory sandboxes and during testing in real world conditions under Articles 59, 60 and 61 of Regulation (EU) 2024/1689, which shall continue to apply.

6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’

5. When the further processing takes place for scientific research purposes, provided it is not used for commercial product development, advertising, marketing, profiling or the training of data processing models for commercial deployment, and where the controller does not possess or cannot reasonably obtain the contact details of the data subject without disproportionate effort, and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall document the reliance of this exception, make such documentation available to the supervisory authority upon request, and take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including makingannoucing the information publiclypublicy availableor informing the data subject without undue delay as soon as the conditions of this paragraph have ceased to exist.

5. When the processing takes place for scientific research purposes, including scientific research in the public interest aiming to further a commercial interest, and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort, including cases where the change of purpose could not have been anticipated at the time of collection, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available. This scenario shall apply equally to the obligations under Article 14(5)(b).

5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available. This paragraph is without prejudice to the conditions and safeguards applicable to the processing of personal data in AI regulatory sandboxes and in testing in real world conditions under Articles 59, 60 and 61 of Regulation (EU) 2024/1689, which continue to apply.

Justification

The exemption from the information obligations for scientific research purposes must not operate to the detriment of the safeguards applicable to the processing of personal data in the context of AI development. This amendment specifies that paragraph 5 is without prejudice to the conditions and safeguards laid down in Articles 59, 60 and 61 of Regulation (EU) 2024/1689 governing AI regulatory sandboxes and testing in real world conditions — in particular the requirements relating to isolated processing environments, monitoring and response mechanisms, deletion of data, and informed consent — which continue to apply. This ensures the coherence of the Union acquis and prevents the research exemption from being used to circumvent the risk-control obligations of the Artificial Intelligence Act.

5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort, including cases where the change of purpose could not have been anticipated at the time of collection, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.

5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort, taking into account the relevant technical and organisational circumstances, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.