Texts to 22 Oct 2026

GDPR· Article 88c

Analysis in our dossiers
AI development and residual sensitive data

Text

Article 88c GDPR as printed in the Council text of 3 September 2026

Source Council, 3 September 2026. Article 88c: ST 12535/26, page 124 · Omnibus Article 3, point 15 · pp. 124–127 · exact text page

Dropped

The September Council draft drops this article, which the Commission proposed. The only wording this operation adds is Article 88bis, which is shown on its own page. Nothing is deleted from the law in force.

The tracker does not establish the wording of Article 88c in the Council text of 2 October 2026 (ST 13886/26); see its Article 88bis.

How the article has changed

Show the statuses
What each text would do to the law in force
Article Commission19 Nov 2025Council21 May 2026Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Council22 Oct 2026 Parliamentamendments
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
88cText of the article Adds Added Not in the law in force or this text , dropped since the proposal Dropped Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text 52
Provisions only Parliament would add or change4 units Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text 8

Each text against the law in force: +Adds adds a provision the law in force lacks— neither the law in force nor the text has it changed from the text before

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

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Adds Adds the article. Article 88c in this text
  2. 21 May 2026 Council textST 9547/26 Dropped Drops the article.ST 9547/26 reproduces only some of the proposal’s changes, so this comparison applies only those it shows or visibly drops. It says nothing about the others. Article 88c in this text
  3. 8 Jun 2026 IMCO draft opinion · Alex Agius Saliba (rapporteur)IMCO-PA-789877 1 amendment to this article. Amendments in this document
  4. 10 Jun 2026 Council textST 10426/26 No amendment to this article. Article 88c in this text
  5. 18 Jun 2026 Council textST 10677/26 No amendment to this article. Article 88c in this text
  6. 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 3 amendments to this article. Amendments in this document
  7. 16 Jul 2026 IMCO amendments 329–532 to the draft opinionIMCO-AM-791061 15 amendments to this article. Amendments in this document
  8. 27 Jul 2026 ITRE–LIBE amendments 1261–1564 to the draft reportCJ72-AM-791873 14 amendments to this article. Amendments in this document
  9. 27 Jul 2026 ITRE–LIBE amendments 1565–1740 to the draft reportCJ72-AM-791874 27 amendments to this article. Amendments in this document
  10. 3 Sep 2026 Council textST 12535/26 No amendment to this article. Article 88c in this text
  11. 2 Oct 2026 Council textST 13886/26 No amendment to this article.Page 126 prints “(9a)” without an instruction or target, so no change can be assigned to that marker.
  12. 22 Oct 2026 Council textST 14756/26 No amendment to this article.

Article 88c: Text of the article

Added by the Commission · dropped by the Council on 21 May

Parliament amendments 52

18 would delete the provision, 32 propose alternative wording and 2 would add wording. Deletion amendments come from The Left, S&D, Greens/EFA, Renew, ESN and non-attached members, and from the IMCO rapporteur’s draft opinion.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPECRPfEESNNIRapporteur
− Deletion3451···131
~ Alternative1··22068···
+ Addition····1·1···

By political group

  • − Deletion The Left 3 S&D 4 Greens/EFA 5 Renew 1 ESN 1 NI 3 Rapporteur 1
  • ~ Alternative The Left 1 Renew 2 EPP 20 ECR 6 PfE 8
  • + Addition EPP 1 PfE 1

Show

  1. 121 Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the proposed article

    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.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    GDPR Article 88c
    Document
    IMCO draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  2. 263 Deletion Arash SaeidiThe Left · JURI Deletes the proposed article

    Processing in the context of the development and operation of AI

    Tabled by
    Arash Saeidi
    Group
    The Left
    Targets
    GDPR Article 88c
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 15
  3. 264 Deletion Arash SaeidiThe Left · JURI Deletes the proposed article

    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.

    Tabled by
    Arash Saeidi
    Group
    The Left
    Targets
    GDPR Article 88c
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 3 – paragraph 15
  4. 265 Deletion Arash SaeidiThe Left · JURI Deletes the proposed article

    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.

    Tabled by
    Arash Saeidi
    Group
    The Left
    Targets
    GDPR Article 88c
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 3 – paragraph 1 – point 15
  5. 467 Deletion David CormandGreens/EFA · IMCO Deletes the proposed article

    Article 88c

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  6. 468 Deletion David CormandGreens/EFA · IMCO Deletes the proposed article

    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

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  7. 469 Alternative Virginie JoronPfE · IMCO “innovative technologies, including”

    Processing in the context of the development and operation of innovative technologies, including AI

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 c
  8. 470 Deletion David CormandGreens/EFA · IMCO Deletes the proposed article

    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.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  9. 471 Deletion Kateřina KonečnáNI · IMCO Deletes the proposed article

    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.

    Tabled by
    Kateřina Konečná
    Group
    NI
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c(new)
  10. 472 Alternative Virginie JoronPfE · IMCO “The processing of personal data necessary for the interests legitimately pursued by the controller may be carried out within the meaning of Article…”

    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.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 c
Show 42 more amendments
  1. 473 Alternative Sophia KircherEPP · IMCO “including a general-purpose AI model as defined in Article 3, point (63) of Regulation (E) 2024/1689”

    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.

    Tabled by
    Sophia Kircher
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Article 88 / Regulation (EU) 2016/679 (GDPR)
  2. 474 Alternative Arba KokalariEPP · 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…”

    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.

    Tabled by
    Arba Kokalari
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c (new)
  3. 475 Alternative Arba KokalariEPP · 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…”

    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.

    Tabled by
    Arba Kokalari
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c (new)
  4. 476 Addition Virginie JoronPfE · 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…”

    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.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 c
  5. 477 Deletion David CormandGreens/EFA · IMCO Deletes the proposed article

    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.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  6. 478 Deletion Kateřina KonečnáNI · IMCO Deletes the proposed article

    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.

    Tabled by
    Kateřina Konečná
    Group
    NI
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c(new)
  7. 479 Alternative Virginie JoronPfE · IMCO “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…”

    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.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 c
  8. 480 Alternative Sophia KircherEPP · IMCO “Any such processing shall be subject to appropriate and legal organisational, technical measures and safeguards for the rights and freedoms of the…”

    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.

    Tabled by
    Sophia Kircher
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88
  9. 481 Addition Arba KokalariEPP · 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.”

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

    Tabled by
    Arba Kokalari
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c (new)
  10. 1551 Deletion Mary KhanESN · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  11. 1552 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the proposed article

    Article 88c

    Justification

    Article 88c is deleted in its entirety.

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  12. 1553 Deletion Alex Agius SalibaS&D · ITRE–LIBE Deletes the proposed article

    Article 88c

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  13. 1554 Deletion Markéta GregorováGreens/EFA · ITRE–LIBE Deletes the proposed article

    Article 88c

    Tabled by
    Markéta Gregorová on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  14. 1555 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “Article 88c”

    Article 88c

    Justification

    Deletion of the whole article 88c

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  15. 1556 Deletion Alex Agius SalibaS&D · ITRE–LIBE Deletes the proposed article

    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

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c
  16. 1557 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Processing in the context of the development and operation of innovative technologies”

    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.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – title
  17. 1559 Deletion Alex Agius SalibaS&D · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  18. 1560 Alternative Irena Joveva +5Renew · ITRE–LIBE “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…”

    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.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  19. 1561 Alternative Oliver Schenk +11EPP · ITRE–LIBE “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…”

    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.

    Tabled by
    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
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  20. 1562 Alternative Aura Salla +5EPP · ITRE–LIBE “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…”

    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.

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Angelika Niebler, Oliver Schenk, Christian Ehler
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  21. 1563 Alternative Andrea Wechsler +5EPP · ITRE–LIBE “and (c) no provision of Union or Member State law expressly requires the consent of the data subject for that processing”

    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.

    Tabled by
    Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Verena Mertens, Sabine Verheyen
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  22. 1564 Alternative Krzysztof Hetman +1EPP · ITRE–LIBE “including a general-purpose AI model as defined in Article 3, point (63) Regulation (EU) 2024/1689”

    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.

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  23. 1565 Alternative François-Xavier BellamyEPP · 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…”

    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.

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  24. 1566 Alternative Axel VossEPP · 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…”

    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.

    Tabled by
    Axel Voss
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  25. 1567 Alternative Zala Černilec Tomašič +8EPP, ECR · 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…”

    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.

    Tabled by
    Zala Černilec Tomašič, Jan Farský, Ondřej Krutílek, Tomáš Zdechovský, Michał Wawrykiewicz, Henrik Dahl, Alexandr Vondra, Veronika Vrecionová, Lukas Mandl
    Group
    EPP, ECR
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  26. 1568 Alternative Jana Nagyová +3PfE · 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…”

    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.

    Tabled by
    Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Jaroslav Bžoch
    Group
    PfE
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  27. 1569 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “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 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.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  28. 1570 Alternative Tomas Tobé +2EPP · 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…”

    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.

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  29. 1571 Alternative Francesco TorselliECR · ITRE–LIBE “(The intention is to remove the words ‘where appropriate’)”

    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")

    Tabled by
    Francesco Torselli
    Group
    ECR
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1
  30. 1577 Deletion Alex Agius SalibaS&D · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  31. 1578 Deletion Irena Joveva +5Renew · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  32. 1579 Alternative Andrea Wechsler +5EPP · ITRE–LIBE “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)…”

    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.

    Tabled by
    Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Verena Mertens, Sabine Verheyen
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  33. 1580 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “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…”

    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.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  34. 1581 Alternative Axel VossEPP · ITRE–LIBE “Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject…”

    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.

    Tabled by
    Axel Voss
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  35. 1582 Alternative Ana Vasconcelos +1Renew · ITRE–LIBE “Where age assurance is necessary, it should rely on privacy-preserving and data-minimising techniques, and should not undermine the anonymity or…”

    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.

    Tabled by
    Ana Vasconcelos, João Cotrim De Figueiredo
    Group
    Renew
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  36. 1583 Alternative Verena MertensEPP · ITRE–LIBE “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. When assessing the safeguards required, account shall be taken of safeguards already provided for under Union or national law.

    Tabled by
    Verena Mertens
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  37. 1584 Alternative Krzysztof Hetman +1EPP · ITRE–LIBE “Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the 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.

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  38. 1585 Alternative Jana Nagyová +3PfE · ITRE–LIBE “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.

    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.

    Tabled by
    Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Jaroslav Bžoch
    Group
    PfE
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  39. 1586 Alternative Zala Černilec Tomašič +8EPP, ECR · ITRE–LIBE “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.

    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.

    Tabled by
    Zala Černilec Tomašič, Jan Farský, Ondřej Krutílek, Tomáš Zdechovský, Michał Wawrykiewicz, Henrik Dahl, Alexandr Vondra, Veronika Vrecionová, Lukas Mandl
    Group
    EPP, ECR
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  40. 1587 Alternative Oliver Schenk +12EPP · ITRE–LIBE “Any such processing shall be subject to appropriate organisational, technical and legal measures and safeguards for the rights and freedoms of the…”

    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.

    Tabled by
    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
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  41. 1588 Alternative François-Xavier BellamyEPP · ITRE–LIBE “Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the 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.

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2
  42. 1589 Alternative Aura Salla +5EPP · ITRE–LIBE “Any such processing shall be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the 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.

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Angelika Niebler, Oliver Schenk, Christian Ehler
    Group
    EPP
    Targets
    GDPR Article 88c
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2

Provisions only Parliament amendments would add or change

8 amendments on 4 units the Commission proposal leaves unchanged

Paragraph 1a (new)New

  1. 1572 Addition Irena Joveva +5Renew · ITRE–LIBE “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…”

    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.'

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88c – paragraph 1a (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 1a (new)

Paragraph 2a (new)New5 proposals

  1. 1558 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “The development and operation of an AI system or model may constitute, depending on the circumstances, one example of such a legitimate interest…”

    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.'

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 88c – paragraph 2a (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)
  2. 1573 Addition Tomas Tobé +2EPP · ITRE–LIBE “The Commission shall issue guidelines on the assessment of legitimate interests in the context of training and testing of AI systems and AI models.'”

    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.'

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88c – paragraph 2a (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)
  3. 1574 Addition Irena Joveva +5Renew · ITRE–LIBE “Member States shall ensure that data subjects can exercise their absolute right to object under paragraph 1, subparagraph (a) with a public body…”

    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.'

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88c – paragraph 2a (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)
  4. 1591 Addition Diego Solier +2ECR · ITRE–LIBE “When assessing the compliance of processing for the development, testing, validation or operation of artificial intelligence systems, competent…”

    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.'

    Tabled by
    Diego Solier, Sebastian Tynkkynen, Elena Donazzan
    Group
    ECR
    Targets
    GDPR Article 88c – paragraph 2a (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)
  5. 1592 Addition Axel VossEPP · ITRE–LIBE “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…”

    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.

    Tabled by
    Axel Voss
    Group
    EPP
    Targets
    GDPR Article 88c – paragraph 2a (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2a (new)

Paragraph 2b (new)New

  1. 1575 Addition Irena Joveva +5Renew · ITRE–LIBE “Paragraph 1 does not apply to the processing of personal data under Article 85 GDPR.'”

    In Article 88c, the following paragraph is added:

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

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88c – paragraph 2b (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2b (new)

Paragraph 2c (new)New

  1. 1576 Addition Irena Joveva +5Renew · ITRE–LIBE “The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to…”

    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).'

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88c – paragraph 2c (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88c – paragraph 2c (new)