Article 9

(a) in paragraph 2, the following points are added: (k) processing in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, subject to the conditions referred to in paragraph 5. (l) processing of biometric data is necessary for the purpose of confirming the identity of a data subject (verification), where the biometric data or the means needed for the verification is under the sole control of the data subject.’

(k) processing in the context of the development and operation of an AI system as defined in Article 3, point (1), of Regulation (EU) 2024/1689 or an AI model, subject to the conditions referred to in paragraph 5.

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

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

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

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

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

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