Article 9

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

Justification

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

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

Justification

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

(a) in paragraph 2, the following points areis added: