Digital Omnibus tracker

GDPR · Regulation (EU) 2016/679

Article 88c

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

Article total: 6 parts · 4 Council drafts · 60 Parliament amendments

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

All Commission’s changes to GDPR

The wording proposed by the Commission at the start of this legislative file.

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 4 May 2016, with the Commission proposal change affecting this article applied.

Article 88c

Processing in the context of the development and operation of AI

  1. Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.

Commission source wording and instructions

Article 88c

Commission proposal

Article 88c Processing in the context of the development and operation of AI Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Article 88c

May Presidency compromise

Proposed change withdrawn

This Council draft strikes the proposed change. This withdraws proposal wording; it does not delete wording from existing law.

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

More filters

Political group at the amendment date where available; otherwise the current Parliament affiliation.

Remove proposed wording Amendment 121 IMCO draft opinion · Alex Agius Saliba (rapporteur)
Article 88c Processing in the context of the development and operation of AI Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
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Remove proposed wording Amendment 263 · Arash Saeidi JURI
Processing in the context of the development and operation of AI
Source identification

The literal header reads Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 15. Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 88c. The literal header remains visible and the target is labelled as an inference.

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 15

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 264 · Arash Saeidi JURI
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Source identification

The literal header reads Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 3 – paragraph 15. Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 88c. The literal header remains visible and the target is labelled as an inference.

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 3 – paragraph 15

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 265 · Arash Saeidi JURI
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
Source identification

The literal header reads Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 15. Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 88c. The literal header remains visible and the target is labelled as an inference.

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 15

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 467 · David Cormand on behalf of the Verts/ALE Group IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 468 · David Cormand on behalf of the Verts/ALE Group IMCO

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Article 88c

Processing in the context of the development and operation of AI
Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c

Deletion marker printed in the source: deleted

Alternative wording Amendment 469 · Virginie Joron IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 c

Remove proposed wording Amendment 470 · David Cormand on behalf of the Verts/ALE Group IMCO

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Article 88c

Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 471 · Kateřina Konečná IMCO
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c(new)

Deletion marker printed in the source: deleted

Alternative wording Amendment 472 · Virginie Joron IMCO
Where theThe processing of personal data is necessary for the interests oflegitimately pursued by the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursuedcarried for legitimate interestsout within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 c

Alternative wording Amendment 473 · Sophia Kircher IMCO
Where the processing of personal data is necessary for the interests of the controller, or a third party, in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, including a general-purpose AI model as defined in Article 3, point (63) of Regulation (E) 2024/1689, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Justification

Allowing Member States to regulate this issue through national law could lead to regulatory fragmentation across the Union. In addition, excluding the assessment of third-party interests from the legitimate interests balancing test may unduly restrict the flexibility available to AI developers and could hinder innovation. Furthermore, there are concerns from media companies regarding the practical feasibility of this approach. In particular, it would be extremely difficult to obtain and manage the consent of actors and performers throughout the production cycle, especially where consent would need to be secured upfront and managed after production has been completed. It is therefore unclear how this obligation would work in practice. It should also be clarified whether these situations are already covered by Article 21, in which case the proposed provision may be unnecessary or duplicative.

Source identification

The literal header reads Article 3 – paragraph 1 – point 15 / Article 88 / Regulation (EU) 2016/679 (GDPR). Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 88c. The literal header remains visible and the target is labelled as an inference.

Header printed in the source: Article 3 – paragraph 1 – point 15 / Article 88 / Regulation (EU) 2016/679 (GDPR)

Alternative wording Amendment 474 · Arba Kokalari IMCO
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject whichin requireaccordance protectionwith Articles 6 and 21 of personalthis dataRegulation, in particular where the data subject is a child.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c (new)

Alternative wording Amendment 475 · Arba Kokalari IMCO
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c (new)

Additional proposed wording Amendment 476 · Virginie Joron IMCO

The development and operation of an AI model or system shall be an example of such a legitimate interest, without prejudice to other existing innovative technologies or future technological uses. The assessment shall be technologically neutral and shall depend on the purposes of the processing, including, as regards AI, the purpose stated within the meaning of Regulation (EU) 2024/1689.

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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 c

Remove proposed wording Amendment 477 · David Cormand on behalf of the Verts/ALE Group IMCO

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Article 88c

Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 478 · Kateřina Konečná IMCO
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c(new)

Deletion marker printed in the source: deleted

Alternative wording Amendment 479 · Virginie Joron IMCO
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources andas well as during the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model against any disclosure, to ensure enhanced transparency toin respect of data subjects and providing data subjects with an unconditional right to object to the processing of their personal data. If the processing is carried out within a high-risk AI system within the meaning of Regulation (EU) 2024/1689, or within an AI regulatory sandbox or during testing in real world conditions under this Regulation, it shall comply with the conditions and safeguards provided for in Articles 14, 59, 60 and 61 of this Regulation respectively, which shall continue to apply.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 c

Alternative wording Amendment 480 · Sophia Kircher IMCO
Any such processing shall be subject to appropriate and legal organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with anappropriate unconditionalrights rightas tooutlined objectin toArticle the processing21 of theirRegulation personal(EU) data2016/679 .
Source identification

The literal header reads Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88. Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 88c. The literal header remains visible and the target is labelled as an inference.

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88

Additional proposed wording Amendment 481 · Arba Kokalari IMCO

The Commission shall issue guidelines on the assessment of legitimate interests in the context of training and testing of AI systems and AI models.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c (new)

Remove proposed wording Amendment 1551 · Mary Khan ITRE · LIBE
Article 88c
Justification

The AI Act does not create a new legal basis for personal data. The existence of a legitimate interest must be assessed on a case-by-case basis and must not be predetermined by law in favour of AI providers.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1552 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
Article 88c
Justification

Article 88c is deleted in its entirety.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1553 · Alex Agius Saliba ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1554 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c

Deletion marker printed in the source: deleted

Alternative wording Amendment 1555 · Pernando Barrena Arza ITRE · LIBE
Article 88c
Justification

Deletion of the whole article 88c

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c

Remove proposed wording Amendment 1556 · Alex Agius Saliba ITRE · LIBE

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Article 88c

Processing in the context of the development and operation of AI
Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c

Deletion marker printed in the source: deleted

Alternative wording Amendment 1557 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Processing in the context of the development and operation of AIinnovative technologies
Justification

Replaces 'artificial intelligence' by 'innovative technologies'. The considerations governing the processing of personal data in the development and operation of AI are not specific to that technology: they apply to any innovative technology involving large-scale processing. Technological neutrality prevents the provision from becoming obsolete with the next technological cycle.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – title

Additional proposed wording Amendment 1558 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

In Article 88c, the following paragraph is added:

The development and operation of an AI system or model may constitute, depending on the circumstances, one example of such a legitimate interest pursued by the controller or by a third party within the meaning of point (f) of Article 6(1), without prejudice to other present innovative technologies or future technological use cases. The assessment shall remain technologically neutral and depends on the purpose of the processing, including, as regards AI, the intended purpose within the meaning of Regulation (EU) 2024/1689.'

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)

Remove proposed wording Amendment 1559 · Alex Agius Saliba ITRE · LIBE
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Deletion marker printed in the source: deleted

Alternative wording Amendment 1560 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
(1) Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) the protection of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedomsfreedom of data subject’ require at least: (a) providing data subjects with an absolute right to object to the processing of their personal data after informing the data subject whichunder requireArticle protection13(3) or 14(4) about such processing; (b) ensuring that all personal data is immanently and effectively anonymized, according to state-of-the-art technologies, and only further processed if it is technically impossible to anonymize individual exceptionally remaining personal data; (c) relevant abstraction during the training phase from any such exceptionally remaining personal data, ensuring that any disclosure of personal data, inis particularextremely whereunlikely; (d) continuous testing of the AI model to ensure that the disclosure of personal data subjectdoes not occur and the measures under points (a) to (c) were effective; (e) ensuring that the controller or any subsequent controller using the AI model can comply with data subject’s rights if any personal data is aexceptionally childremaining in, processed or disclosed by an AI model.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1561 · Oliver Schenk, François-Xavier Bellamy, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Axel Voss, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, Marie-Sophie Lanig ITRE · LIBE
Where the processing of personal data is necessary for the interests of the controller, or a third party, in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, including a general-purpose AI model as defined in Article 3, point (63) of Regulation (E) 2024/1689, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of this Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child and except where other Union explicitly require consent. The processing of personal data in the context of the development and operation of an AI system may also be based for the performance of a task carried out by public authorities in the public interest pursuant to Article 6, paragraph 1, point (e) and paragraph 2.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1562 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Angelika Niebler, Oliver Schenk, Christian Ehler ITRE · LIBE
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of this Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child and where other Union laws explicitly require consent. The processing of personal data in the context of the development and operation of an AI system may also be based for the performance of a task carried out by public authorities in the public interest pursuant to Article 6, paragraph 1, point (e) and paragraph 2.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1563 · Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Verena Mertens, Sabine Verheyen ITRE · LIBE
1) Where the processing of personal data is necessary for the interests of the controller in the contextpurposes of the development, andtraining, testing, validation, deployment, operation or monitoring of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or of an AI model, such processing may beconstitute pursued fora legitimate interestsinterest within the meaning of Article 6(1), point (f), ofprovided Regulationthat: (EUa) 2016/679,the whereprocessing appropriate,is exceptnecessary wherefor otherthe Unioninterest pursued by the controller or nationalby lawsa explicitlythird requireparty; consent,(b) andthat whereinterest suchis interests arenot overridden by the interests, or fundamental rights and freedoms of the data subject which require the protection of personal data, intaking particular whereaccount of whether the data subject is a child; and (c) no provision of Union or Member State law expressly requires the consent of the data subject for that processing.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1564 · Krzysztof Hetman, Adam Jarubas ITRE · LIBE
Where the processing of personal data is necessary for the interests of the controller or a third party in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, including a general-purpose AI model as defined in Article 3, point (63) Regulation (EU) 2024/1689 such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1565 · François-Xavier Bellamy ITRE · LIBE
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1566 · Axel Voss ITRE · LIBE
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Justification

Europe needs a clear, harmonised lawful basis for responsible AI development and operation. Divergent interpretations of legitimate interest create uncertainty, compliance costs and incentives to train, test and validate AI outside Europe. The amendment confirms that Article 6(1)(f) may apply where processing is necessary and balanced against data-subject rights, while preserving consent requirements, the duty to choose the correct lawful basis and safeguards against disclosure of residually retained data.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1567 · Zala Černilec Tomašič, Jan Farský, Ondřej Krutílek, Tomáš Zdechovský, Michał Wawrykiewicz, Henrik Dahl, Alexandr Vondra, Veronika Vrecionová, Lukas Mandl ITRE · LIBE
Where the processing of personal data is necessary for the interests of the controller or a third party in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Justification

This amendment aligns Article 88c with the GDPR by recognising the legitimate interests of both controllers and third parties, avoiding unnecessary restrictions on AI supply chains. It removes references that could reintroduce divergent national rules on consent and an "unconditional right to object," which is already governed by Article 21 GDPR. The amendment preserves data protection while improving legal certainty, consistency, and Single Market harmonisation.

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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1568 · Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Jaroslav Bžoch ITRE · LIBE
Where the processing of personal data is necessary for the interests of the controller or a third party in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Justification

Article 88c should remain fully coherent not to create new sources of legal fragmentation within the Union. While the Commission’s objective of simplification is well founded, the current wording of Article 88c does not fully achieve that aim.First, Article 6 GDPR expressly refers to the legitimate interests of both the controller and a third party. Limiting Article 88c to the interests of the controller alone would therefore introduce an unnecessary restriction and would reduce legal certainty for the development and operation of AI systems. Second, the reference to an “unconditional right to object” is not aligned with the GDPR framework. The right to object is already comprehensively governed by Article 21 GDPR, which establishes the applicable conditions and limitations. Introducing an unconditional variant within Article 88c would deviate from that framework, create inconsistencies in interpretation and enforcement, and effectively render the legitimate interests ground unavailable in practice for the purposes covered by this provision.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1569 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Where the processingProcessing of personal data that is necessary for the legitimate interests ofpursued by the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or anby AIa model,third such processingparty may be pursuedcarried forout legitimate interests withinon the meaningbasis of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Such processing shall remain subject to an assessment carried out on a case-by-case basis. It shall not benefit from any presumption of lawfulness.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1570 · Tomas Tobé, Arba Kokalari, Jörgen Warborn ITRE · LIBE
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject whichin requireaccordance protectionwith Articles 6 and 21 of personalthis dataRegulation, in particular where the data subject is a child.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Alternative wording Amendment 1571 · Francesco Torselli ITRE · LIBE
Where the processing of personal data is necessary for the interests of the controller in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, such processing may be pursued for legitimate interests within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, where appropriate, except where other Union or national laws explicitly require consent, and where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. (The intention is to remove the words "where appropriate")
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1

Additional proposed wording Amendment 1572 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE

In Article 88c, the following paragraph is inserted:

In addition to the information referred to in Article 13 and 14, the controller shall provide the data subject with details of the actions taken under paragraph 1.'

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1a (new)

Additional proposed wording Amendment 1573 · Tomas Tobé, Arba Kokalari, Jörgen Warborn ITRE · LIBE

In Article 88c, the following paragraph is added:

The Commission shall issue guidelines on the assessment of legitimate interests in the context of training and testing of AI systems and AI models.'

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)

Additional proposed wording Amendment 1574 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE

In Article 88c, the following paragraph is added:

Member States shall ensure that data subjects can exercise their absolute right to object under paragraph 1, subparagraph (a) with a public body, that provides such objections and pseudonymous identification data to controllers for the sole purpose of administering objections.'

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)

Additional proposed wording Amendment 1575 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE

In Article 88c, the following paragraph is added:

Paragraph 1 does not apply to the processing of personal data under Article 85 GDPR.'

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2b (new)

Additional proposed wording Amendment 1576 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE

In Article 88c, the following paragraph is added:

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft minimum standards for anonymization and abstraction techniques under paragraph 1, subparagraph (b) and (c).'

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2c (new)

Remove proposed wording Amendment 1577 · Alex Agius Saliba ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1578 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Deletion marker printed in the source: deleted

Alternative wording Amendment 1579 · Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Verena Mertens, Sabine Verheyen ITRE · LIBE
Any2) Where the task or official authority of a public authority or body is laid down by Union or Member State law in accordance with Article 6(3), personal data may be further processed for the purposes referred to in paragraph 1 on the basis of Article 6(1), point (e), where: (a) the development or use of the AI system or AI model serves the performance of that task or the exercise of that official authority; (b) the purpose pursued cannot be effectively achieved by processing non-personal or anonymised data; and (c) the processing is necessary and proportionate to the public interest objective pursued. This paragraph shall not confer any new task or official authority on a public authority or body. 3) Controllers shall use non-personal or anonymised data where the purpose of the processing can reasonably and effectively be achieved by using such processingdata.Where the use of personal data is necessary, controllers shall use pseudonymised data wherever the purpose can reasonably and effectively be achieved by using such data. 4) Processing pursuant to paragraphs 1 and 2 shall be subject to appropriate technical and organisational, technical measures and safeguards for the rights and freedoms of the data subjectsubjects. Those measures shall include, such as toappropriate: (a) ensure respect ofensuring data minimisation during the stageselection of selection ofdata sources and throughout the training, testing, validation, deployment and testingoperation of the AI an system or AI model,; (b) limiting the processing to protectdata againstthat non-disclosureare adequate, relevant and necessary for the intended purpose; (c) applying state-of-the-art privacy-enhancing technologies, including pseudonymisation, where appropriate; (d) testing, monitoring and mitigating the risks of residuallymemorisation, regurgitation, data leakage, inference and unauthorised disclosure; (e) effectively preventing personal data retained dataor memorised in the AI system or AI model from being used to ensuregenerate enhancedoutputs which disclose or otherwise make those data available to persons not authorised to receive them; (f) ensuring that personal data are included in an output only where such inclusion is necessary for the intended purpose, the recipient is authorised to receive the data and the disclosure has a legal basis under Article 6 and, where applicable, Article 9; (g) providing appropriate transparency to data subjects; and (h) providingfacilitating the exercise of the rights of data subjects withunder anthis unconditionalRegulation. 5) rightWhere the controller cannot effectively prevent the unauthorised disclosure of personal data through the output of the AI system or AI model, the controller shall not deploy or operate that system or model in a manner that enables such disclosure. 6) The processing of special categories of personal data shall be permitted only where one of the conditions laid down in Article 9(2) is fulfilled. Where point (k) of Article 9(2) applies, the conditions and safeguards laid down in Article 9(5) shall apply. 7) Paragraphs 1 to object6 shall be without prejudice to the processingother provisions of theirthis personalRegulation, dataRegulation (EU) 2024/1689 and other applicable Union or Member State law.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Alternative wording Amendment 1580 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, , including measures to limit the derivation, inference, extraction or regurgitation of personal data by the system or model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data. Where the processing is carried out in the context of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, or in the context of an AI regulatory sandbox or of testing in real world conditions under that Regulation, it shall comply with the conditions and safeguards laid down, respectively, in Articles 14, 59, 60 and 61 of that Regulation, which continue to apply.
Justification

The processing of personal data for the development and operation of AI systems and models must be accompanied by robust safeguards. This amendment specifies the organisational and technical measures required — data minimisation at the stage of source selection and of training and testing, protection of residually retained data against disclosure, enhanced transparency, and an unconditional right to object. It further clarifies that, where such processing is carried out in the context of a high-risk AI system, an AI regulatory sandbox or testing in real world conditions, it must comply with the conditions and safeguards laid down in Articles 14, 59, 60 and 61 of Regulation (EU) 2024/1689, which continue to apply. This ensures the coherence of the Union acquis and prevents the facilitation of data processing for AI purposes from derogating from the requirements applicable under the Artificial Intelligence Act.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Alternative wording Amendment 1581 · Axel Voss ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
Justification

Europe needs a clear, harmonised lawful basis for responsible AI development and operation. Divergent interpretations of legitimate interest create uncertainty, compliance costs and incentives to train, test and validate AI outside Europe. The amendment confirms that Article 6(1)(f) may apply where processing is necessary and balanced against data-subject rights, while preserving consent requirements, the duty to choose the correct lawful basis and safeguards against disclosure of residually retained data.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Alternative wording Amendment 1582 · Ana Vasconcelos, João Cotrim De Figueiredo ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data. Where age assurance is necessary, it should rely on privacy-preserving and data-minimising techniques, and should not undermine the anonymity or confidentiality of communications.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Alternative wording Amendment 1583 · Verena Mertens ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data. When assessing the safeguards required, account shall be taken of safeguards already provided for under Union or national law.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Alternative wording Amendment 1584 · Krzysztof Hetman, Adam Jarubas ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Alternative wording Amendment 1585 · Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Jaroslav Bžoch ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of an AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data in accordance with Article 21 of Regulation (EU) 2016/679.
Justification

Article 88c should remain fully coherent not to create new sources of legal fragmentation within the Union. While the Commission’s objective of simplification is well founded, the current wording of Article 88c does not fully achieve that aim.First, Article 6 GDPR expressly refers to the legitimate interests of both the controller and a third party. Limiting Article 88c to the interests of the controller alone would therefore introduce an unnecessary restriction and would reduce legal certainty for the development and operation of AI systems. Second, the reference to an “unconditional right to object” is not aligned with the GDPR framework. The right to object is already comprehensively governed by Article 21 GDPR, which establishes the applicable conditions and limitations. Introducing an unconditional variant within Article 88c would deviate from that framework, create inconsistencies in interpretation and enforcement, and effectively render the legitimate interests ground unavailable in practice for the purposes covered by this provision.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Alternative wording Amendment 1586 · Zala Černilec Tomašič, Jan Farský, Ondřej Krutílek, Tomáš Zdechovský, Michał Wawrykiewicz, Henrik Dahl, Alexandr Vondra, Veronika Vrecionová, Lukas Mandl ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of an AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data in accordance with Article 21 of Regulation (EU) 2016/679.
Justification

This amendment aligns Article 88c with the GDPR by recognising the legitimate interests of both controllers and third parties, avoiding unnecessary restrictions on AI supply chains. It removes references that could reintroduce divergent national rules on consent and an "unconditional right to object," which is already governed by Article 21 GDPR. The amendment preserves data protection while improving legal certainty, consistency, and Single Market harmonisation.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Alternative wording Amendment 1587 · Oliver Schenk, François-Xavier Bellamy, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Axel Voss, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, Marie-Sophie Lanig, Aura Salla ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical and legal measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditional right to object to the processing of their personal data.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Alternative wording Amendment 1588 · François-Xavier Bellamy ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditionala right to object to the processing of their personal data.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Alternative wording Amendment 1589 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Angelika Niebler, Oliver Schenk, Christian Ehler ITRE · LIBE
Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to ensure respect of data minimisation during the stage of selection of sources and the training and testing of AI an system or AI model, to protect against non-disclosure of residually retained data in the AI system or AI model to ensure enhanced transparency to data subjects and providing data subjects with an unconditionala right to object to the processing of their personal data.
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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Additional proposed wording Amendment 1591 · Diego Solier, Sebastian Tynkkynen, Elena Donazzan ITRE · LIBE

In Article 88c, the following paragraph is added:

When assessing the compliance of processing for the development, testing, validation or operation of artificial intelligence systems, competent authorities shall take due account of the actual availability of harmonised standards, common specifications, technical guidance and supporting compliance tools necessary for the effective implementation of the applicable obligations. The application timeline for high-risk AI obligations should be aligned with the actual current availability of technical standards and supporting tools.'

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)

Additional proposed wording Amendment 1592 · Axel Voss ITRE · LIBE

In Article 88c, the following paragraph is added:

This does not affect the obligation of the controller to choose the most appropriate lawful ground of processing set out in Article 6 of Regulation (EU) 2016/679, such as Article 6(1)(e) with regard to processing by public authorities.'

Justification

Europe needs a clear, harmonised lawful basis for responsible AI development and operation. Divergent interpretations of legitimate interest create uncertainty, compliance costs and incentives to train, test and validate AI outside Europe. The amendment confirms that Article 6(1)(f) may apply where processing is necessary and balanced against data-subject rights, while preserving consent requirements, the duty to choose the correct lawful basis and safeguards against disclosure of residually retained data.

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Header printed in the source: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)