Digital Omnibus tracker

GDPR · Regulation (EU) 2016/679

Article 9

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

Article total: 11 parts · 4 Council drafts · 72 Parliament amendments

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

Institutional text

European Commission proposal

All Commission’s changes to GDPR

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

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 4 May 2016, with all 3 Commission proposal changes affecting this article applied.

Article 9

Processing of special categories of personal data

  1. 1.

    Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited.

  2. 2.

    Paragraph 1 shall not apply if one of the following applies:

    1. (a)

      the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;

    2. (b)

      processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;

    3. (c)

      processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;

    4. (d)

      processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects;

    5. (e)

      processing relates to personal data which are manifestly made public by the data subject;

    6. (f)

      processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;

    7. (g)

      processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;

    8. (h)

      processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;

    9. (i)

      processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy;

    10. (j)

      processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

    11. (k)

      processing 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, subject to the conditions referred to in paragraph 5.

    12. (l)

      processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject.

  3. 3.

    Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.

  4. 4.

    Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health.

  5. 5.

    For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.

Commission source wording and instructions

Article 9(2)(k)

Commission proposal

(k) processing 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, subject to the conditions referred to in paragraph 5.

Article 9(2)(l)

Commission proposal

(l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject.

Article 9(5)

Commission proposal

5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.

Institutional text

Council Presidency texts

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

Article 9(2)(k)

May Presidency compromise

Council wording reconstructed for this provision from the official operation

Article 9(2)(l)

May Presidency compromise

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction

Article 9(5)

May Presidency compromise

Council wording reconstructed for this provision from the official operation

Competing proposals

European Parliament amendments

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

More filters

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

Alternative wording Amendment 46 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the one-to-one verification is under the sole control of the data subject, subject to appropriate safeguards laid down in Union law to protect the fundamental rights and the interests of the data subject.
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Alternative wording Amendment 99 IMCO draft opinion · Alex Agius Saliba (rapporteur)
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Remove proposed wording Amendment 100 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(k) processing 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, subject to the conditions referred to in paragraph 5.
Justification

Deletion because it would amount to a an "AI privilege" difficult to meet EU principles of necessity and proportionality, affecting the overall level of the protection of consumer’s personal data.

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Remove proposed wording Amendment 101 IMCO draft opinion · Alex Agius Saliba (rapporteur)
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
Justification

Deletion because it would amount to a an "AI privilege" difficult to meet EU principles of necessity and proportionality, affecting the overall level of the protection of consumer’s personal data.

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Remove proposed wording Amendment 239 · Arash Saeidi JURI
(k) processing 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, subject to the conditions referred to in paragraph 5.
Source identification

The literal header reads Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 3 – paragraph 3 – point (k). Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 9(2)(k). The literal header remains visible and the target is labelled as an inference.

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

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 240 · Arash Saeidi JURI
(l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject.
Source identification

The literal header reads Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 3 – paragraph 3 – point (l). Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 9(2)(l). The literal header remains visible and the target is labelled as an inference.

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

Deletion marker printed in the source: deleted

Additional proposed wording Amendment 241 · Ton Diepeveen, Pascale Piera JURI

(aa) A new Article 9(1) is added

Processing of personal data for the purpose of directly revealing a specific data subject’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, his or her health status or sex life or sexual orientation and the processing of genetic data or of biometric data for the purpose of uniquely identifying a natural person shall be prohibited.

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Header printed in the source: Article 3 – paragraph 1 – point 3 – point a a (new) / Regulation (EU) 2016/679 / Article 9 – paragraph 1 (new)

Alternative wording Amendment 242 · Tobiasz Bocheński, Kosma Złotowski JURI
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data, unless such processing is strictly necessary for bias detection and correction, while adequate safeguards are in place to prevent any use of the data for other purposes up to the point when the data are irreversibly anonymised or erased. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point b / Regulation (EU) 2016/679 / Article 9 – paragraph 5 (new)

Remove proposed wording Amendment 362 · Kateřina Konečná IMCO
(a) in paragraph 2, the following points are added: (k) processing 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, subject to the conditions referred to in paragraph 5. (l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject.’
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 363 · David Cormand on behalf of the Verts/ALE Group IMCO
(k) processing 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, subject to the conditions referred to in paragraph 5.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9

Deletion marker printed in the source: deleted

Alternative wording Amendment 364 · Virginie Joron IMCO
(k) processing in the context of the development and operation of an innovative system or technology required to pursue the legitimate interests of the controller or a third party, irrespective of whether this system or technology exists upon the date when this Regulation is adopted, a current example of which is an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, subject to the conditions referred to in paragraph 5;, and without prejudice to the prohibited practices outlined in Article 5 of Regulation (EU) 2024/1689, the rules for classifying high-risk AI systems laid down in Article 6, the obligations imposed on deployers of high-risk AI systems in Article 26 and the transparency obligations laid down in Article 50 of this Regulation.
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point k

Additional proposed wording Amendment 365 · Arba Kokalari IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – Paragraph 2

Remove proposed wording Amendment 366 · David Cormand on behalf of the Verts/ALE Group IMCO
(b) the following paragraph is added: 5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.’
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point b / Regulation (EU) 2016/679 / Article 9

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 367 · David Cormand on behalf of the Verts/ALE Group IMCO
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point b / Regulation (EU) 2016/679 / Article 9

Deletion marker printed in the source: deleted

Alternative wording Amendment 368 · Virginie Joron IMCO
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented without undue delay to avoid the collection and otherwise processing of special categories of personal data. In order to determine whether the deletion of the data involves disproportionate effort, consideration shall be given to the state of the art, the implementation costs, the volume of data in question, the technical feasibility of isolating or extracting the data as well as the nature, scope and purposes of processing. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties. The controller shall implement effective organisational and technical measures to prevent their deduction, disclosure or use. These measures shall reflect the state of the art and shall include, where applicable, the filtering and removal of these data from training, testing and validation datasets, pseudonymisation and separation of keys as well as technical measures preventing deduction, recovery or disclosure using the outputs of the AI model or system; their application shall be proportionate to the risk and shall be documented by the controller.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point b / Regulation (EU) 2016/679 / Article 9 – paragraph 5

Alternative wording Amendment 369 · Kateřina Konečná IMCO
5. ForWhen processing referredpersonal data leads to inresidual pointand (k)incidental processing of paragraphspecial 2categories of data, the controller shall implement appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwisesuch processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controllerand shall remove such data. If removal of those personal data is impossible or requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used or re-used for other purposes, in particular to produce AI outputs or actions, and, from being disclosed or otherwise made available to third parties.
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point b / Regulation (EU) 2016/679 / Article 9 – paragraph 5(new)

Alternative wording Amendment 370 · Arba Kokalari IMCO
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoidmitigate vrisks associated with the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point b / Regulation (EU) 2016/679 / Article 9 – paragraph 5

Additional proposed wording Amendment 371 · Virginie Joron IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point b / Regulation (EU) 2016/679 / Article 9 – paragraph 5 (new)

Additional proposed wording Amendment 372 · Virginie Joron IMCO
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point b / Regulation (EU) 2016/679 / Article 9 – paragraph 5 b

Remove proposed wording Amendment 1018 · João Oliveira ITRE · LIBE
(k) processing 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, subject to the conditions referred to in paragraph 5.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point k

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1019 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
(k) processing 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, subject to the conditions referred to in paragraph 5.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point k

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1020 · Mary Khan ITRE · LIBE
(k) processing 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, subject to the conditions referred to in paragraph 5.
Justification

Specific categories of data shall not become the general data base for AI. A subsequent removal, which may be waived in the event of ‘disproportionate effort’, does not constitute effective protection.

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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point k

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1021 · Pernando Barrena Arza ITRE · LIBE
(k) processing 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, subject to the conditions referred to in paragraph 5.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 –point k

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1022 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
(k) processing 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, subject to the conditions referred to in paragraph 5.
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point k

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1023 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
(k) processing 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, subject to the conditions referred to in paragraph 5.
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point k

Deletion marker printed in the source: deleted

Alternative wording Amendment 1024 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(k) processing in the context of the development and operation of an innovative system or technology that is necessary for the legitimate interests pursued by the controller or by a third party, whether or not such system or technology exists at the time of adoption of this Regulation, of which an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model is a current example, subject to the conditions referred to in paragraph 5, and without prejudice to the prohibited practices laid down in Article 5 of Regulation (EU) 2024/1689, the classification rules for high-risk AI systems laid down in Article 6, the obligations of deployers of high-risk AI systems laid down in Article 26, and the transparency obligations laid down in Article 50 of that Regulation.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point k

Alternative wording Amendment 1025 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Adina Vălean, Henrik Dahl, Andrea Wechsler, Oliver Schenk, Pekka Toveri, Christian Ehler ITRE · LIBE
(k) incidental and residual processing in the context of the development, training, testing, deployment and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model as referred to in Regulation (EU) 2024/1689, including for the improvement of such systems or models and of related products or services, subject to the conditions referred to in paragraph 5.
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point k

Alternative wording Amendment 1026 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
(k) strictly incidental and residual processing 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, subject to the conditions referred to in paragraph 5.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9– paragraph 2 – point k

Alternative wording Amendment 1027 · Axel Voss ITRE · LIBE
(k) processing 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 ana AIGPAI model, subject to the conditions referred to in paragraph 5.
Justification

The amendment clarifies that Article 9 applies where data is processed to reveal sensitive attributes, not where such attributes could merely be inferred incidentally from lawful processing. This reduces uncertainty for AI, safety, mobility, cybersecurity and other public-benefit technologies using large datasets, while preserving strong safeguards. Voluntary biometric use remains allowed only with a comparable non-biometric alternative, and safeguards such as minimisation, access limits and pseudonymisation.

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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point k

Remove proposed wording Amendment 1028 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
(l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject.’
Justification

In practice, alternative means of identification are almost always available, so the use of biometric data is by no means ‘necessary’. Establishing the ‘necessity’ of the use would also normalise the use of biometric data, which should be avoided.

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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point l

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1029 · Pernando Barrena Arza ITRE · LIBE
(l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point l

Deletion marker printed in the source: deleted

Alternative wording Amendment 1030 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
(l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (one-to-one verification), whereand the following conditions are met: (i) the identity confirmation is required by Union or Member Statea national law providing suitable and specific measures to safeguard the fundamental rights and the interests of the data subject; (ii) the biometric data orand the means needed for the verification isare under the sole control of the data subject; (iii) the controller can demonstrate that there are no less intrusive alternative solutions that could achieve the same objective as effectively; and (iv) the biometric data is deleted after the verification process has been completed.
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Source identification

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point l

Alternative wording Amendment 1031 · Nadine Morano ITRE · LIBE
(l) processing of biometric data is necessaryauthorised forwhen theit purposeis ofused confirmingto confirm the identity of a data subject (verification), whereprovided that the biometric data or the means needed for thethat verification isremain under the sole control of the data subject. Where biometric verification is part of an access control process within strategic public transport infrastructure, the storage of biometric data and the means necessary for verification may be under the exclusive control of the controller, provided that such processing is strictly necessary and proportionate, ensures a high level of security, including robust encryption, strict access controls and protection against cyberattacks, and fully respects the fundamental rights and freedoms of the data subjects concerned.
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point l

Alternative wording Amendment 1032 · João Oliveira ITRE · LIBE
(l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the ‘one-to-one’ verification is under the sole control of the data subject, subject to appropriate safeguards to protect the fundamental rights and the interests of the data subject, and provided that the processing is in accordance with this Regulation and does not constitute a new derogation from the prohibition provided for in Article 9(1).’
Source identification

The literal header reads Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 8 – paragraph 2 – point l. Its amended-law locator is inconsistent with the base column, but the proposal operation and matching base text support Regulation (EU) 2016/679 Article 9(2)(l). The literal header remains visible and the target is labelled as an inference.

Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 8 – paragraph 2 – point l

Alternative wording Amendment 1033 · Jan-Christoph Oetjen, Svenja Hahn, Andreas Glück ITRE · LIBE
(l) processing of biometric data is necessary for the purpose of confirmingverifying the identity ofor identifying a data subject (verification), whereprovided thethat biometric data oris optional, the meansdata neededsubject forhas access to a non-biometric alternative of comparable effectiveness and that no photo or video is captured from individuals who do not consent to the verificationfacial isrecognition, and that appropriate safeguards laid down under Union law are applied to ensure the soleprotection controlof fundamental rights of the data subject.
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 (GDPR) / Article 9 – paragraph 2 – point l

Alternative wording Amendment 1034 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(l) processing of biometric data is strictly necessary for the purpose of confirming the identity of a data subject (using one-to-one verification), where the biometric data or the means needed for the verificationrecognition is under the sole control of the data subject and occurs on the data subject's device, except in highly exceptional cases where this is strictly necessary, proportional and uses state of the art privacy preserving technology, such as encryption and zero knowledge proofs.
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Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 1 – point a

Alternative wording Amendment 1035 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
(l) processing of biometric data is strictly necessary and proportionate for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject and subject to appropriate safeguards to protect the fundamental rights and the interests of the data subject, as laid down in Union law or Member State law, in accordance with paragraph 4 of this article.
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Alternative wording Amendment 1036 · Axel Voss ITRE · LIBE
(l) processing of biometric data is necessary for the purposepurposes of confirminguniquely identifying a natural person provided that the identityuse of biometric data is not mandatory, that a non-biometric alternative of comparable effectiveness is available to the data subject (verification),and wherethat appropriate safeguards are applied to protect the biometricfundamental datarights orand the means needed for the verification is under the sole controlinterests of the data subject.
Justification

The amendment clarifies that Article 9 applies where data is processed to reveal sensitive attributes, not where such attributes could merely be inferred incidentally from lawful processing. This reduces uncertainty for AI, safety, mobility, cybersecurity and other public-benefit technologies using large datasets, while preserving strong safeguards. Voluntary biometric use remains allowed only with a comparable non-biometric alternative, and safeguards such as minimisation, access limits and pseudonymisation.

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Alternative wording Amendment 1037 · Mary Khan ITRE · LIBE
(l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject and the biometric data is neither centrally stored nor further processed for any other purpose.’
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Alternative wording Amendment 1038 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay ITRE · LIBE
(l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the one-to-one verification is under the sole control of the data subject.
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Additional proposed wording Amendment 1039 · Axel Voss ITRE · LIBE
Justification

The amendment clarifies that Article 9 applies where data is processed to reveal sensitive attributes, not where such attributes could merely be inferred incidentally from lawful processing. This reduces uncertainty for AI, safety, mobility, cybersecurity and other public-benefit technologies using large datasets, while preserving strong safeguards. Voluntary biometric use remains allowed only with a comparable non-biometric alternative, and safeguards such as minimisation, access limits and pseudonymisation.

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Header printed in the source: Article 3 – paragraph 1 – point 3 – point a / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point la (new)

Additional proposed wording Amendment 1040 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Adina Vălean, Andrea Wechsler, Oliver Schenk, Christian Ehler ITRE · LIBE
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Additional proposed wording Amendment 1041 · Tomas Tobé, Arba Kokalari, Jörgen Warborn ITRE · LIBE

(la) In Article 9, paragraph 2, the following point is inserted

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Additional proposed wording Amendment 1042 · Angelika Niebler, Monika Hohlmeier ITRE · LIBE

the processing is necessary for the performance of a contract to which the data subject is a party, or for the implementation of precontractual measures taken at the data subject’s request;

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Additional proposed wording Amendment 1043 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Paulo Cunha, Adina Vălean, Andrea Wechsler, Oliver Schenk, Christian Ehler ITRE · LIBE

(lb) In Article 9, paragraph 2, the following point is added

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Additional proposed wording Amendment 1044 · Tomas Tobé, Arba Kokalari, Jörgen Warborn ITRE · LIBE

(lb) in Article 9, paragraph 2, the following point is added

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Additional proposed wording Amendment 1045 · Oliver Schenk, Axel Voss, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Andrea Wechsler, Marie-Sophie Lanig, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Romana Tomc ITRE · LIBE

(aa) Paragraph 1 of Article 9 is replaced by the following

Processing of personal data that directly reveals in relation to a specific data subject racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health relating to the physical or mental health status of a natural person, or data concerning a natural person's sex life or sexual orientation shall be prohibited.

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Additional proposed wording Amendment 1046 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay ITRE · LIBE

(aa) In Article 9, the following paragraph is inserted:

Points k and k under paragraph 2 shall not apply to data concerning health, genetic data, biometric data for the purpose of uniquely identifying a natural person, or personal data used to infer health status, unless such processing is expressly authorised by Union or Member State law and subject to prior consultation with the competent supervisory authority.'

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Remove proposed wording Amendment 1047 · Mary Khan ITRE · LIBE
(b) the following paragraph shall be added: For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.’
Justification

Specific categories of data shall not become the general data base for AI. A subsequent removal, which may be waived in the event of ‘disproportionate effort’, does not constitute effective protection.

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Remove proposed wording Amendment 1048 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
(b) the following paragraph is added: 5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.’
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Remove proposed wording Amendment 1049 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
(5) For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.’
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Remove proposed wording Amendment 1050 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
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Alternative wording Amendment 1051 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriatestrict organisational and technical measures shall be implemented to avoid vprevent the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation, orthe incontroller shall erase such data without undue delay prior to the completion of the training phase of the AI system or AI model. If erasure of those data from an already trained AI system or AI model proves to be technically impossible, the controller shall removefully such data. If removal of those data requires disproportionate effort,document the controllertechnological shallimpossibility, notify the competent supervisory authority, and without undue delay, and in any event, effectively protect withoutsuch unduedata delayby applying state-of-the-art filtering or aligment techniques to guarantee such data fromcannot beingbe further processed, used to produce outputs, from beingre-identified, disclosed or otherwise made available to third parties. Processing referred to in point k of paragraph 2 should exlude the processing of special categories of personal data originating from data provided by, or generated through, the activity of end users on online platforms or core platfrom services as defined in Regulation (EU) 2022/1925, irrespective of whether such processing occurs during the development, training, or operational phase of any AI system or AI model.
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Alternative wording Amendment 1052 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data, without undue delay. In assessing whether the removal of those data requires a disproportionate effort, account shall be taken of the state of the art, the costs of implementation, the volume of data concerned, the technical feasibility of isolating or extracting the data, and the nature, scope and purposes of the processing. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requiresis disproportionatetechnically effortimpossible despite documented state-of-the-art measures, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, or re-used for AI outputs, profiling, advertising or other purposes, and from being disclosed or otherwise made available to third parties. In assessing whether the removal of those data requires a disproportionate effort, account shall be taken of the state of the art, the costs of implementation, the volume of data concerned, the technical feasibility of isolating or extracting the data, and the nature, scope and purposes of the processing; or re-used for AI outputs, profiling, advertising or other purposes,
Justification

A general AI derogation should not create a route for the incidental use of patient or health-related data. Health data require a specific legal basis, stronger safeguards and effective supervisory oversight. The same carve-out should be reflected in proposed Article 88c on legitimate interests for AI processing.

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Alternative wording Amendment 1053 · João Oliveira ITRE · LIBE
5. ForIn processingthe referred to in point (k)context of paragraphthe 2development and operation of an AI system or an AI model, the personal data controller shall implement, by design and by default, robust, appropriate and demonstrably effective organisational and technical measures shall be implemented to avoid the collection and otherwiseany other form of processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation, orand in the AI systemsystems and models. Where, despite the application of those measures, special categories of personal data are discovered in those sets, systems or AI modelmodels, the controller shall have a primary and irrevocable obligation to remove suchthem, data.irrespective Ifof the effort or cost involved, unless the controller objectively demonstrates in documented form, and under its exclusive responsibility, that the removal ofis thosematerially dataimpossible requiresand not merely disproportionate effortor burdensome. In that exceptional case, and only for as long as the material impossibility of removal persists, the controller shall in any event effectively protectadopt, without undue delay, all necessary and sufficient technical and organisational safeguards to ensure, in an effective and continuous manner, that such data fromare beingnot used to produce outputs, from being disclosed, or otherwisein any way made available to third parties, and such safeguards shall be subject to periodic verification, audit and documentation in order to demonstrate compliance with this obligation to the competent supervisory authority.’
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Alternative wording Amendment 1054 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties. The controller shall apply effective technical and organisational measures to prevent their inference, disclosure or use. Those measures shall reflect the state of the art and shall include, as appropriate, the filtering and removal of such data from training, testing and validation datasets, pseudonymisation and key separation, and technical measures preventing their inference, regurgitation or disclosure through the outputs of the AI system or model; their application shall be proportionate to the risk and shall be documented by the controller.
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Alternative wording Amendment 1055 · Zala Černilec Tomašič, Jan Farský, Ondřej Krutílek, Tomáš Zdechovský, Henrik Dahl, Alexandr Vondra, Veronika Vrecionová, Lukas Mandl ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid vand mitigate the risk of the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controlleris notified of or identifies special categories of personal data relating to specific data subjects in the aforementioned datasets used for training, testing or validation or in the AI system or AI model, the controller shall removeimplement suchtechnically data.and Ifeconomically removalfeasible measures to cease processing of those special categories of personal data for the purpose of training or developing an AI system or AI model. If cessation of processing requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
Justification

This amendment makes Article 9(5) more practical by replacing the obligation to "avoid" processing special categories of personal data with a proportionate duty to mitigate risks through appropriate technical and organisational measures. It clarifies that controllers must act when such data is identified or reported, and, where deletion is disproportionate, apply technically and economically feasible safeguards. The amendment preserves strong data protection while ensuring legal certainty and practical implementation.

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Alternative wording Amendment 1056 · Axel Voss ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
Justification

The amendment clarifies that Article 9 applies where data is processed to reveal sensitive attributes, not where such attributes could merely be inferred incidentally from lawful processing. This reduces uncertainty for AI, safety, mobility, cybersecurity and other public-benefit technologies using large datasets, while preserving strong safeguards. Voluntary biometric use remains allowed only with a comparable non-biometric alternative, and safeguards such as minimisation, access limits and pseudonymisation.

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Alternative wording Amendment 1057 · Oliver Schenk, Axel Voss, Marie-Sophie Lanig, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, François-Xavier Bellamy ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented, in accordance with Article 89 safeguards to avoidlimit vthe processing of special categories of personal data and to mitigate the risk associated with the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall ensure that such data are processed under one or more of the conditions referred to in paragraph 2, points a to j, or remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
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Alternative wording Amendment 1058 · Jana Nagyová, Ondřej Knotek, Tomáš Kubín, Jaroslav Bžoch ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoidmitigate vthe risk of the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller is notified of or identifies special categories of personal data relating to specific data subjects in the aforementioned datasets used for training, testing or validation or in the AI system or AI model, the controller shall removeimplement suchtechnically data.and Ifeconomically removalfeasible measures to cease processing of those special categories of personal data for the purpose of training or developing an AI system or AI model. If cessation of processing requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
Justification

The current wording of Article 9(5), requiring controllers to “avoid” the collection and processing of special categories of personal data, may be interpreted too broadly and create the expectation that controllers must eliminate such data entirely in advance. In practice, this is often not feasible, especially where large and diverse datasets are used for training and testing AI systems, and thus it could hinder AI development where appropriate safeguards are already in place. The amendment therefore replaces this overly rigid standard with a more proportionate obligation to mitigate the risk through appropriate technical and organisational measures. This approach is consistent with Article 25 - the principle of data protection by design and by default. At the same time, it preserves the duty to act where the controller is notified of, or identifies, the presence of such data - thereby covering situations in which the relevant data is brought to the controller's attention by third parties, and not only cases of self-identification. Where cessation of processing would require disproportionate effort, the controller shall implement technically and economically feasible measures to protect the data from being used to produce outputs or otherwise made available to third parties. This standard avoids imposing obligations that are impossible to fulfil in practice and is in line with the GDPR framework.

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Alternative wording Amendment 1059 · Krzysztof Hetman, Adam Jarubas ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid vmitigate the risk of collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifiesis notified of special categories of personal data relating to specific data subjects in the aforementioned datasets used for training, testing or validation or in the AI system or AI model, the controller shall, removetaking suchinto account its capabilities, implement appropriate technical and organisational measures to cease processing that special category data. Iffor removalthe purpose of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosedtraining or otherwisedeveloping madean availableAI tosystem thirdor partiesAI model.
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Alternative wording Amendment 1060 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, taking into account technical feasibility, available resources, the nature of the AI system or model, and state of the art technology, the controller shall in any event effectivelytake protectappropriate measures proportionate to the risks posed without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
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Alternative wording Amendment 1061 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Angelika Niebler, Henrik Dahl, Andrea Wechsler, Christian Ehler ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoid v the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data that are incidentally and residually involved in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data without undue delay. If removal of those data requires manifestly disproportionate effort, the controller shall without undue delay and in any event, effectively protect without undue delay such data from being further processed or processed for other purposes, used to produce outputs, from being disclosed or otherwise made available to third parties.
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Alternative wording Amendment 1062 · Tomas Tobé, Arba Kokalari, Jörgen Warborn ITRE · LIBE
5. For processing referred to in point (k) of paragraph 2, appropriate organisational and technical measures shall be implemented to avoidmitigate vrisks associated with the collection and otherwise processing of special categories of personal data. Where, despite the implementation of such measures, the controller identifies special categories of personal data in the datasets used for training, testing or validation or in the AI system or AI model, the controller shall remove such data. If removal of those data requires disproportionate effort, the controller shall in any event effectively protect without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.
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Additional proposed wording Amendment 1063 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay ITRE · LIBE
Justification

The processing of personal data for the development of AI systems must be accompanied by robust safeguards, in particular as regards special categories of personal data. This amendment specifies the organisational and technical measures to be implemented, provides objective criteria for assessing whether the removal of inadvertently collected special categories of data would require a disproportionate effort, and subjects the removal itself to a requirement of promptness. It further establishes a graduated approach: where the processing takes place within an AI regulatory sandbox or in the course of testing in real world conditions, it must comply with the conditions and safeguards laid down, respectively, in Articles 59, 60 and 61 of Regulation (EU) 2024/1689, thereby importing the risk-control mechanisms of that Regulation — isolated processing environments, effective monitoring and response mechanisms, and deletion upon completion. Where the controller is a small or medium-sized enterprise or a small mid-cap, the measures are to be applied in a manner adapted to its capacities, without reducing the protection afforded to data subjects. This ensures coherence with the Artificial Intelligence Act while supporting innovation, in particular by smaller Union operators.

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Additional proposed wording Amendment 1065 · Francesco Torselli ITRE · LIBE
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Additional proposed wording Amendment 1066 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

5b. In Article 9, the following paragraph 5b is inserted:

Where the controller is a small or medium-sized enterprise or a small mid-cap, the organisational and technical measures referred to in this paragraph shall be applied in a manner adapted to its size and capacities, without reducing the level of protection afforded to data subjects and, in particular, without affecting the obligation to remove or effectively protect special categories of personal data. Competent authorities shall provide such enterprises with guidance to that effect.'

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Additional proposed wording Amendment 1067 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

3a. In Article 9, the following paragraph 5c is inserted:

Where, in the course of web scraping from publicly accessible sources for the purposes of developing or training an artificial intelligence system or model, special categories of personal data are collected incidentally and residually, without the controller intending to collect them, the prohibition laid down in paragraph 1 shall apply to that controller only within the framework of its responsibilities, powers and capabilities, provided that:

The measures referred to in point (d) shall include, at least: defining precise criteria and applying filters to prevent collection before collection, and excluding sources structurally containing such data; deleting such data immediately after collection or as soon as identified, including upon a request by the data subject constituting a plausible indication that the data fall under paragraph 1; preventing the extraction of such data from the model and ensuring state-of-the-art resistance to privacy attacks during development; and monitoring the output of the system after development, applying output filters and, where available, model unlearning.

The controller shall be able to demonstrate that these conditions are met and shall regularly verify the effectiveness of the measures.'

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Alternative wording Amendment 1070 · Axel Voss ITRE · LIBE
3a. In Article 9, paragraph 1 is replaced by the following:
1. Processing of personal data revealingthat is intended to directly reveal, in relation to an identified or identifiable natural person, racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, health status, sex life or sexual orientation, and the processing of genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited unless one of the conditions set out in paragraph 2 applies. The mere possibility that one of the characteristics referred to in the first subparagraph may be inferred indirectly from personal data processed for another lawful purpose shall not, in itself, render such processing subject to this Article, provided that the controller does not process the data for the purpose of revealing such characteristic."
Justification

The amendment clarifies that Article 9 applies where data is processed to reveal sensitive attributes, not where such attributes could merely be inferred incidentally from lawful processing. This reduces uncertainty for AI, safety, mobility, cybersecurity and other public-benefit technologies using large datasets, while preserving strong safeguards. Voluntary biometric use remains allowed only with a comparable non-biometric alternative, and safeguards such as minimisation, access limits and pseudonymisation.

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Alternative wording Amendment 1071 · Tomas Tobé, Arba Kokalari, Jörgen Warborn ITRE · LIBE
"Processing of personal data directly revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited."
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Header printed in the source: Article 3 – paragraph 1 – point 3 a (new) / Regulation (EU) 2016/679 / Article 9 – paragraph 1

Additional proposed wording Amendment 1072 · Axel Voss ITRE · LIBE

In Article 9, the following paragraphs are added

For the purposes of paragraph 2, point (la), important public-benefit purposes shall include in particular:

Justification

The amendment clarifies that Article 9 applies where data is processed to reveal sensitive attributes, not where such attributes could merely be inferred incidentally from lawful processing. This reduces uncertainty for AI, safety, mobility, cybersecurity and other public-benefit technologies using large datasets, while preserving strong safeguards. Voluntary biometric use remains allowed only with a comparable non-biometric alternative, and safeguards such as minimisation, access limits and pseudonymisation.

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Header printed in the source: Article 3 – paragraph 1 – point 3 b (new) / Regulation (EU) 2016/679 / Article 9 – paragraph 2a (new)

Additional proposed wording Amendment 1602 · Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Angelika Niebler, Verena Mertens, Christian Doleschal, Sabine Verheyen ITRE · LIBE

In Article 9, paragraph 2 the following point k is added

'(ja) processing is strictly necessary for the anonymisation of personal data pursuant to Article 6(3a), provided that the processing is subject to appropriate technical and organisational safeguards, that the data are not used to take measures or decisions concerning individual data subjects and that identifiable data are erased or rendered inaccessible as soon as they are no longer necessary for the anonymisation process.'

Context reproduced in the official amendment

The amendment reproduces a wider legal passage. It is shown as context because it does not cover the same legal unit as the proposed wording.

(a)the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;

(b)processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;

(c)processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;

(d)processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects;(e)processing relates to personal data which are manifestly made public by the data subject;(f)processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;

(g)processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;

(h)processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;

(i)processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy;

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Source identification

The official header says point (k), while the inserted wording itself is labelled point (ja). The addition is certain, but the child target remains unresolved and neither label is silently substituted.

Header printed in the source: Article 3 – paragraph 1 d (new) / Regulation (EU) 2016/679 / Article 9 – paragraph 2 – point k (new)