Regulation (EU) 2018/1725 — Article 10

Article total: 4 parts · 3 Council drafts · 23 Parliament amendments

Tracked part

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

Institutional text

European Commission proposal

All Commission’s changes to EU institutions data protection regulation

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 23 October 2018, with all 3 Commission proposal changes affecting this article applied.

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Commission source wording and instructions

Article 10(2)(k)

Commission proposal

Article 10(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 10(4)

Commission proposal

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.

Institutional text

Council Presidency texts

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

Council document

View full Council comparison →

Article in June Presidency compromise · 10 June Council text

Comparison basis: Existing law (23 October 2018) compared with June Presidency compromise · 10 June (10 June 2026)

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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)
  
  incidental and residual processing, 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.
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.

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 training, testing or validation or in the AI system or AI model, 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(2)(k)

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

(k)

incidental and residual processing, 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)

June Presidency compromise · 10 June

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 10 is amended as follows:

(a)

in paragraph 2, the following points are added:

‘(k)

(l)

processing of biometric data is strictly 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.’

(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 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 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(4)

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

View full Council comparison →

Article in June Presidency compromise · 18 June Council text

Comparison basis: Existing law (23 October 2018) compared with June Presidency compromise · 18 June (18 June 2026)

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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)
  
  incidental and residual processing, 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.
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.

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 training, testing or validation or in the AI system or AI model, 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(2)(k)

June Presidency compromise · 18 June

Council wording reconstructed for this provision from the official operation

(k)

Article 10(2)(l)

June Presidency compromise · 18 June

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 10 is amended as follows:

(a)

in paragraph 2, the following points are added:

‘(k)

(l)

(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 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 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(4)

June Presidency compromise · 18 June

Council wording reconstructed for this provision from the official operation

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 training, testing or validation or in the AI system or AI model, 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.

View full Council comparison →

Article in September Presidency compromise Council text

Comparison basis: Existing law (23 October 2018) compared with September Presidency compromise (3 September 2026)

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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)
  
  incidental and residual processing, 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.
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.

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 training, testing or validation or in the AI system or AI model, 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(2)(k)

September Presidency compromise

Council wording reconstructed for this provision from the official operation

(k) incidental and residual processing, 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.

Official source passage and amending instruction

3. Article 10 is amended as follows: (a) in paragraph 2, the following points are added: ‘(k) incidental and residual processing, 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. (l) processing of biometric data is strictly 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.’ (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 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 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

September 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 10(4)

September Presidency compromise

Council wording reconstructed for this provision from the official operation

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 training, testing or validation or in the AI system or AI model, 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.

Official source passage and amending instruction

Article 10(2)(k) 3 Council drafts

Article 10(2)(k)

10 June 2026 · June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

(k)

Article 10(2)(k)

18 June 2026 · June Presidency compromise · 18 June

Council wording reconstructed for this provision from the official operation

(k)

Article 10(2)(k)

3 September 2026 · September Presidency compromise

Council wording reconstructed for this provision from the official operation

Official source passage and amending instruction

Article 10(2)(l) 3 Council drafts

Article 10(2)(l)

10 June 2026 · June Presidency compromise · 10 June

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 10 is amended as follows:

(a)

in paragraph 2, the following points are added:

‘(k)

(l)

(b)

the following paragraph 4 is added:

‘4.

Article 10(2)(l)

18 June 2026 · June Presidency compromise · 18 June

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 10 is amended as follows:

(a)

in paragraph 2, the following points are added:

‘(k)

(l)

(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 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 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

3 September 2026 · September 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 10(4) 3 Council drafts

Article 10(4)

10 June 2026 · June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 10(4)

18 June 2026 · June Presidency compromise · 18 June

Council wording reconstructed for this provision from the official operation

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 training, testing or validation or in the AI system or AI model, 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(4)

3 September 2026 · September Presidency compromise

Council wording reconstructed for this provision from the official operation

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 training, testing or validation or in the AI system or AI model, 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.

Official source passage and amending instruction

Competing proposals

European Parliament amendments

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

Search amendments

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

Alternative wording Amendment 70 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.

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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 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.
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.

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.

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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 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.
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.

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.

Alternative wording Amendment 487 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 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.

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Article 10

Processing of special categories of personal data

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.
This change cannot be reconstructed from the source: The official header names Article 10 paragraph 2, while the copied base begins with (k) and otherwise matches the accepted Commission Article 10(2)(k) words and order. The native Parliament source records the terminal run '; ;', whereas the accepted Commission source records '4. .'; source review preserves those punctuation observations and no explicit source legend establishes either run as a non-legal extraction artifact. Because the source text is not exact, no target is narrowed and Article 10(2)(l) is not silently substituted.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Alternative wording Amendment 488 IMCO

(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.;

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Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
12. (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.;
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.

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.

Alternative wording Amendment 489 IMCO

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.

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Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Additional proposed wording Amendment 490 IMCO

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.

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Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.
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.

Remove proposed wording Amendment 1629 ITRE · LIBE

(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

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Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Remove proposed wording Amendment 1630 ITRE · LIBE

(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.’

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Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Remove proposed wording Amendment 1631 ITRE · LIBE

Justification

By analogy with GDPR.

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Remove proposed wording Amendment 1632 ITRE · LIBE

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Alternative wording Amendment 1633 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 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. .

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Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 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. .
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.

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.

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.

Alternative wording Amendment 1634 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 4. .

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Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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)
  
  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. .
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.

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.

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.

Alternative wording Amendment 1635 ITRE · LIBE

(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.

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
12. (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.
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.

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.

Alternative wording Amendment 1636 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 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.

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Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
12. (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.
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.

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.

Alternative wording Amendment 1637 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 ~~verification~~recognition 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.

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
12. (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 ~~verification~~recognition 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.
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.

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.

Alternative wording Amendment 1638 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 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.

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
12. (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.’
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.

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.

Remove proposed wording Amendment 1639 ITRE · LIBE

(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

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Remove proposed wording Amendment 1640 ITRE · LIBE

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Remove proposed wording Amendment 1641 ITRE · LIBE

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Remove proposed wording Amendment 1642 ITRE · LIBE

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Alternative wording Amendment 1643 ITRE · LIBE

4. For processing referred to in point (k) of paragraph 2, ~~appropriate~~strict organisational and technical measures shall be implemented to ~~avoid~~prevent 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 ~~validation~~AI ormodel. inIf ~~the~~erasure of those data from an already trained AI system or AI model proves to be technically impossible, the controller shall ~~remove~~fully ~~such data. If removal of those data requires disproportionate effort,~~document the ~~controller~~technical ~~shall~~impossibility, notify the competent supervisory authority, and, without undue delay and in any event effectively protect ~~without~~such ~~undue~~data ~~delay~~by applying state of the art filtering or aligment techniques to guarantee such data ~~from~~cannot ~~being~~be further procesed, used to produce outputs, ~~from being~~re-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.

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Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

For processing referred to in point (k) of paragraph 2, ~~appropriate~~strict organisational and technical measures shall be implemented to ~~avoid~~prevent 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 ~~validation~~AI ormodel. inIf ~~the~~erasure of those data from an already trained AI system or AI model proves to be technically impossible, the controller shall ~~remove~~fully ~~such data. If removal of those data requires disproportionate effort,~~document the ~~controller~~technical ~~shall~~impossibility, notify the competent supervisory authority, and, without undue delay and in any event effectively protect ~~without~~such ~~undue~~data ~~delay~~by applying state of the art filtering or aligment techniques to guarantee such data ~~from~~cannot ~~being~~be further procesed, used to produce outputs, ~~from being~~re-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.

Alternative wording Amendment 1644 ITRE · LIBE

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.

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.

Alternative wording Amendment 1645 ITRE · LIBE

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 ~~effectively~~take ~~protect~~appropriate 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.

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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 ~~effectively~~take ~~protect~~appropriate 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.

Additional proposed wording Amendment 1646 ITRE · LIBE

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.'

Preview
against:

Article 10

Processing of special categories of personal data

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.
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 law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
2. (b)
  
  the 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 insofar as it is authorised by Union law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
3. (c)
  
  the processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving consent;
4. (d)
  
  the processing is carried out in the course of its legitimate activities with appropriate safeguards by a non-profit-seeking body which constitutes an entity integrated in a Union institution or body and 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 this body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects;
5. (e)
  
  the processing relates to personal data which are manifestly made public by the data subject;
6. (f)
  
  the processing is necessary for the establishment, exercise or defence of legal claims or whenever the Court of Justice is acting in its judicial capacity;
7. (g)
  
  the processing is necessary for reasons of substantial public interest, on the basis of Union 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)
  
  the 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 law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
9. (i)
  
  the 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 healthcare and of medicinal products or medical devices, on the basis of Union law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or
10. (j)
  
  the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes based on Union 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 4. .
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.

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.

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.
4a.

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.'

Article in June Presidency compromise · 10 June Council text

Article in June Presidency compromise · 18 June Council text

Article in September Presidency compromise Council text

Changes in context

European Commission proposal

Council Presidency text · ST 10426/26

Changes in context

Council Presidency text · ST 10426/26

Council Presidency text · ST 10677/26

Changes in context

Council Presidency text · ST 10677/26

Council Presidency text · ST 12535/26

Changes in context

Wording reproduced in the amendment

Amendment 1629 · ITRE–LIBE amendments 1565–1740 to the draft report: removal

Changes in context

Wording reproduced in the amendment

Amendment 1630 · ITRE–LIBE amendments 1565–1740 to the draft report: removal

Changes in context

Wording reproduced in the amendment

Amendment 1631 · ITRE–LIBE amendments 1565–1740 to the draft report: removal

Changes in context

Wording reproduced in the amendment

Amendment 1632 · ITRE–LIBE amendments 1565–1740 to the draft report: removal

Changes in context

Wording reproduced in the amendment

Amendment 1633 · ITRE–LIBE amendments 1565–1740 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 1634 · ITRE–LIBE amendments 1565–1740 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 487 · IMCO amendments 329–532 to the draft opinion

Changes in context

Wording reproduced in the amendment

Amendment 1629 · ITRE–LIBE amendments 1565–1740 to the draft report: removal

Changes in context

Wording reproduced in the amendment

Amendment 1630 · ITRE–LIBE amendments 1565–1740 to the draft report: removal

Changes in context

Wording reproduced in the amendment

Amendment 1635 · ITRE–LIBE amendments 1565–1740 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 1636 · ITRE–LIBE amendments 1565–1740 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 1637 · ITRE–LIBE amendments 1565–1740 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 1638 · ITRE–LIBE amendments 1565–1740 to the draft report

Changes in context

Wording reproduced in the amendment

Amendment 70 · ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)