Texts to 22 Oct 2026

EUDPR· Article 10

Text

Article 10 EUDPR as printed in the Council text of 22 October 2026

Processing of special categories of personal data

Source Council, 22 October 2026. Article 10: ST 14756/26, page 148 · pp. 148–149 · exact text page

Scope This text prints Article 10(2)(k), Article 10(2)(l), Article 10(4) only.

Article 10(2)(k)

(k)

incidental processing of residual data, where not intended intended by the controller, in the context of the development and technical 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, subject to the conditions referred to in paragraph 4.

Article 10(2)(l)

(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 and, where applicable, subject to appropriate safeguards to protect the fundamental rights and the interests of the data subject, as laid down in Union law.’

Article 10(4)

4.

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 that are incidentally and residually involved in the datasets used for the development and technical operation of the AI system or AI model, including training, testing or validation, the controller shall erase such data without undue delay. If erasure of those data proves to be technically impossible or requires manifestly disproportionate effort, the controller shall, without undue delay and in any event, effectively protect such data from being further processed or processed for other purposes, used to produce outputs, disclosed or otherwise made available to third parties.

Article 10 in the whole EUDPR

How each paragraph has changed

Show the statuses
What each text would do to the law in force
Paragraph Commission19 Nov 2025Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Council22 Oct 2026 Parliamentamendments
Compared withlaw in forcethe proposal10 Jun text18 Jun text3 Sep text2 Oct text
2Points (k) and (l) Adds Added Adds , changed since the proposal Changed Adds Unchanged Adds , changed since 18 Jun Changed Adds , changed since 3 Sep Changed Adds Unchanged 13
4Paragraph 4 Adds Added Adds , changed since the proposal Changed Adds Unchanged Adds , changed since 18 Jun Changed Adds , changed since 3 Sep Changed Adds Unchanged 9
Provisions only Parliament would add or change1 unit 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 1

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~Changed wording changed=Unchanged same as the text before— in neither text

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Adds Adds points (k) and (l) of paragraph 2 and paragraph 4. Article 10 in this text
  2. 10 Jun 2026 Council textST 10426/26 Changed Changes points (k) and (l) of paragraph 2 and paragraph 4. Article 10 in this text
  3. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 10 in this text
  4. 22 Jun 2026 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)CJ72-PR-786818 1 amendment to this article. Amendments in this document
  5. 16 Jul 2026 IMCO amendments 329–532 to the draft opinionIMCO-AM-791061 4 amendments to this article. Amendments in this document
  6. 27 Jul 2026 ITRE–LIBE amendments 1565–1740 to the draft reportCJ72-AM-791874 18 amendments to this article. Amendments in this document
  7. 3 Sep 2026 Council textST 12535/26 Changed Changes points (k) and (l) of paragraph 2 and paragraph 4. Article 10 in this text
  8. 2 Oct 2026 Council textST 13886/26 Changed Changes points (k) and (l) of paragraph 2 and paragraph 4. Article 10 in this text
  9. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 10 in this text

Paragraph 2: Points (k) and (l)

Added by the Commission · changed by the Council on 10 June · changed on 3 September · changed on 2 October

Parliament amendments 13

4 would delete the wording and 9 propose alternative wording. Deletion amendments come from The Left, S&D, ESN and non-attached members.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DRenewECRPfEESNNIRapporteur
− Deletion11···11·
~ Alternative··2341·1

By political group

  • − Deletion The Left 1 S&D 1 ESN 1 NI 1
  • ~ Alternative Renew 2 ECR 3 PfE 4 ESN 1 Rapporteur 1

Show

  1. 70 Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “subject to appropriate safeguards laid down in Union law to protect the fundamental rights and the interests of the data subject”

    (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.

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    EUDPR Article 10(2)(l)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point l
  2. 487 Alternative Virginie JoronPfE · IMCO “and without prejudice to the prohibited practices outlined in Article 5, the rules for classifying high-risk AI systems laid down in Article 6, the…”

    (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 4;,;and without prejudice to the prohibited practices outlined in Article 5, the rules for classifying high-risk AI systems laid down in Article 6, the obligations imposed on operators of high-risk AI systems in Article 26 and the transparency obligations imposed in Article 50 of this Regulation.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    EUDPR Article 10
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2
  3. 488 Alternative Virginie JoronPfE · IMCO “This point shall only apply to verification and shall not cover the identification of a natural person using a comparison between his or her…”

    (l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), using a one-to-one comparison carried out locally on the data subject’s device, where the biometric data or the means needed for the verification is under the sole control of the data subject. This point shall only apply to verification and shall not cover the identification of a natural person using a comparison between his or her biometric data and the biometric data stored in a database within the meaning of Regulation (EU) 2024/1689; it shall not affect the prohibition provided for in Article 5(1), point (e), of this Regulation.;

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    EUDPR Article 10(2)(l)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2
  4. 1629 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (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 4. (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

    Adaptation in line with amendments to Regulation (EU) 2016/679

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Targets
    EUDPR Article 10
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point k l
  5. 1630 Deletion Pernando Barrena Arza +1The Left · ITRE–LIBE Deletes the Commission’s wording

    (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 4. . (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.’

    Tabled by
    Pernando Barrena Arza, João Oliveira
    Group
    The Left
    Targets
    EUDPR Article 10
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point k, l
  6. 1631 Deletion Mary KhanESN · ITRE–LIBE Deletes the Commission’s wording

    (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 4.

    Justification

    By analogy with GDPR.

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    EUDPR Article 10(2)(k)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point k
  7. 1632 Deletion Marina Kaljurand +8S&D · ITRE–LIBE Deletes the Commission’s wording

    (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 4. .

    Tabled by
    Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
    Group
    S&D
    Targets
    EUDPR Article 10(2)(k)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point k
  8. 1633 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “and without prejudice to the prohibited practices laid down in Article 5, the classification rules for high-risk AI systems laid down in Article 6…”

    (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 4, and without prejudice to the prohibited practices laid down in Article 5, 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..

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    EUDPR Article 10(2)(k)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point k
  9. 1634 Alternative Irena Joveva +5Renew · ITRE–LIBE “strictly incidental and residual”

    (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 4..

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    EUDPR Article 10(2)(k)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point k
  10. 1635 Alternative Julie Rechagneux +8ECR, PfE · ITRE–LIBE “This point applies solely to verification and does not cover the identification of a natural person by comparing their biometric data to biometric…”

    (l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), by means of a one-to-one comparison performed locally on the data subject’s own device, where the biometric data or the means needed for the verification is under the sole control of the data subject. This point applies solely to verification and does not cover the identification of a natural person by comparing their biometric data to biometric data stored in a database within the meaning of Regulation (EU) 2024/1689; it is without prejudice to the prohibition laid down in Article 5(1), point (e), of that Regulation.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay
    Group
    ECR, PfE
    Targets
    EUDPR Article 10(2)(l)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point l
  11. 1636 Alternative Irena Joveva +5Renew · ITRE–LIBE “and subject to apropriate safeguards to protect the fundamental rights and the interest of the data subject, as laid down in Unio law or Member State…”

    (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 apropriate safeguards to protect the fundamental rights and the interest of the data subject, as laid down in Unio law or Member State law, in accordance with paragraph 4 of this Article.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    EUDPR Article 10(2)(l)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point l
  12. 1637 Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “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…”

    (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.

    Tabled by
    Sebastian Tynkkynen, Diego Solier
    Group
    ECR
    Targets
    EUDPR Article 10(2)(l)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point l
  13. 1638 Alternative Mary KhanESN · ITRE–LIBE “are not stored centrally and are not processed for other purposes”

    (l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data orand the means needed for the verification isare under the sole control of the data subject, are not stored centrally and are not processed for other purposes.’

    Justification

    By analogy with GDPR.

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    EUDPR Article 10(2)(l)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point a / Regulation (EU) 2018/1725 / Article 10 – paragraph 2 – point l

Paragraph 4

Added by the Commission · changed by the Council on 10 June · changed on 3 September · changed on 2 October

Parliament amendments 9

4 would delete the wording, 4 propose alternative wording and 1 would add wording to paragraph 4. Deletion amendments come from The Left, S&D, ESN and non-attached members.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DRenewECRPfEESNNI
− Deletion11···11
~ Alternative··122··
+ Addition····1··

By political group

  • − Deletion The Left 1 S&D 1 ESN 1 NI 1
  • ~ Alternative Renew 1 ECR 2 PfE 2
  • + Addition PfE 1

Show

  1. 489 Alternative Virginie JoronPfE · IMCO “In order to determine whether the deletion of the data involves disproportionate effort, consideration shall be given to the state of the art, the…”

    4. 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, such as pseudonymisation, data minimisation and filtering at the point of collection, at-source filtering of training data, access restrictions as well as state-of-the-art privacy-preserving and privacy-strengthening methods. 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 without undue delay. 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. 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.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    EUDPR Article 10(4)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 4 – paragraph 1 – point 3 – point b / Regulation (EU) 2018/1725 / Article 10 – paragraph 4
  2. 490 Addition Virginie JoronPfE · IMCO “If the processing referred to in paragraph 2, point (k), is carried out in an AI regulatory sandbox set up under Article 57 of Regulation (EU)…” numbered 4a

    4a.If the processing referred to in paragraph 2, point (k), is carried out in an AI regulatory sandbox set up under Article 57 of Regulation (EU) 2024/1689, or as part of testing in real world conditions under Article 60 of this Regulation, it must comply with the conditions and safeguards provided for in Article 59 and Articles 60 and 61 of this Regulation respectively. In particular, personal data shall be processed in a functionally separate, isolated and protected environment, under the processor’s control; effective monitoring and intervention mechanisms shall be put in place to identify and mitigate any high risks to the rights and freedoms of the data subjects and, where necessary, to interrupt the processing; and all personal data shall be deleted once the participation in the sandbox or testing has terminated.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    EUDPR Article 10(4)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 4 – paragraph 1 – point 3 – point b / Regulation (EU) 2018/1725 / Article 10 – paragraph 4
  3. 1639 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (b) the following paragraph 4 is added: 4. 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

    Subsequent adaptation in line with amendments to Regulation (EU) 2016/679

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Targets
    EUDPR Article 10(4)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point b / Regulation (EU) 2018/1725 / Article 10 – paragraph 4
  4. 1640 Deletion Mary KhanESN · ITRE–LIBE Deletes the Commission’s wording

    (b) the following paragraph 4 is added: 4. 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.’

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    EUDPR Article 10(4)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point b / Regulation (EU) 2018/1725 / Article 10 – paragraph 4
  5. 1641 Deletion Pernando Barrena Arza +1The Left · ITRE–LIBE Deletes the Commission’s wording

    (b) the following paragraph 4 is added: 4. 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.’

    Tabled by
    Pernando Barrena Arza, João Oliveira
    Group
    The Left
    Targets
    EUDPR Article 10(4)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point b / Regulation (EU) 2018/1725 / Article 10 – paragraph 4
  6. 1642 Deletion Marina Kaljurand +8S&D · ITRE–LIBE Deletes the Commission’s wording

    (b) the following paragraph 4 is added: 4. 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.’

    Tabled by
    Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
    Group
    S&D
    Targets
    EUDPR Article 10(4)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point b / Regulation (EU) 2018/1725 / Article 10 – paragraph 4
  7. 1643 Alternative Irena Joveva +5Renew · ITRE–LIBE “Processing referred to in point (k) of paragraph 2 should exlude the processing of special categories of personal data originating from data provided…”

    4. For processing referred to in point (k) of paragraph 2, appropriatestrict organisational and technical measures shall be implemented to avoidprevent 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, the controller shall erase such data without undue delay prior to completion of the training phase of the Ai system or validationAI ormodel. inIf theerasure 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 controllertechnical 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 procesed, 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 an online platforms or a 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.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    EUDPR Article 10(4)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point b / (EU) 2018/1725 / Article 10 – paragraph 4
  8. 1644 Alternative Julie Rechagneux +8ECR, PfE · ITRE–LIBE “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…”

    4. 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, such as pseudonymisation, data minimisation and filtering at the point of collection, input filtering of training data, access restrictions, and state-of-the-art privacy-preserving and privacy-enhancing techniques. 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, without undue delay. 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. 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.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay
    Group
    ECR, PfE
    Targets
    EUDPR Article 10(4)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point b / Regulation (EU) 2018/1725 / Article 10 – Paragraph 4
  9. 1645 Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “taking into account technical feasibility, available resources, the nature of the AI system or model, and state of the art technology”

    4. 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 that without undue delay such data from being used to produce outputs, from being disclosed or otherwise made available to third parties.

    Tabled by
    Sebastian Tynkkynen, Diego Solier
    Group
    ECR
    Targets
    EUDPR Article 10(4)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point b / Regulation (EU) 2018/1275 / Article 10 – paragraph 4

Provisions only Parliament amendments would add or change

1 amendment on 1 unit the Commission proposal leaves unchanged

Paragraph 4a (new)New

  1. 1646 Addition Julie Rechagneux +8ECR, PfE · ITRE–LIBE “Where the processing referred to in point (k) of paragraph 2 is carried out in the context of an AI regulatory sandbox established under Article 57…”

    4a. In Article 10, the following paragraph is added:

    Where the processing referred to in point (k) of paragraph 2 is carried out in the context of an AI regulatory sandbox established under Article 57 of Regulation (EU) 2024/1689, or in the context of testing in real world conditions under Article 60 of that Regulation, the processing shall comply with the conditions and safeguards laid down, respectively, in Article 59 and in Articles 60 and 61 of that Regulation. In particular, the personal data shall be processed in a functionally separate, isolated and protected environment under the control of the controller; effective monitoring and response mechanisms shall be in place to identify and mitigate high risks to the rights and freedoms of the data subjects and, where necessary, to stop the processing; and any personal data shall be deleted once the participation in the sandbox or the testing has terminated.'

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay
    Group
    ECR, PfE
    Targets
    EUDPR Article 10 – paragraph 4a (new)
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 3 – point b / Regulation (EU) 2018/1725 / Article 10 – paragraph 4a (new)