GDPR· Article 88c

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.

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.

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.

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.

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.

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.

Article 88c

Article 88c

Article 88c

Article 88c

Article 88c

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.

Processing in the context of the development and operation of AI

Processing in the context of the development and operation of AIinnovative technologies

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.

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.(1) Where the processing of personal data is necessary for the development of an AI model Article 6(1)(f) the protection of interests or fundamental rights and freedom 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 under Article 13(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 is extremely unlikely; (d) continuous testing of the AI model to ensure that the disclosure of personal data does 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 exceptionally remaining in, processed or disclosed by an AI model.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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")

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.

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.

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.2) 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 data.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 measures and safeguards for the rights and freedoms of data subjects. Those measures shall include, as appropriate: (a) ensuring data minimisation during the selection of data sources and throughout the training, testing, validation, deployment and operation of the AI system or AI model; (b) limiting the processing to data that are 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 memorisation, regurgitation, data leakage, inference and unauthorised disclosure; (e) effectively preventing personal data retained or memorised in the AI system or AI model from being used to generate outputs 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) facilitating the exercise of the rights of data subjects under this Regulation. 5) Where 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 6 shall be without prejudice to the other provisions of this Regulation, Regulation (EU) 2024/1689 and other applicable Union or Member State law.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.