Recital 33a

The processing of personal data in the context of the development and deployment of an AI system or of an AI model, may be regarded as carried out for a legitimate interest of the controller concerned and be carried out in accordance with Article 6(1)(f) of Regulation 2016/679, where appropriate, except where such interests are overridden by the interests, or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child, or where other Union or national laws explicitly require consent. The interests of artists and creative professionals are to be taken into account. This does not affect the obligation of the controller to choose an appropriate lawful ground of processing set out in Article 6 of Regulation (EU) 2016/679, such as Article 6(1)(e) with regard to processing by public authorities. Regardless of the lawful ground of processing, any such processing should be subject to appropriate organisational, technical measures and safeguards for the rights and freedoms of the data subject, such as to protect against non-disclosure of residually retained data in the AI system or AI model. Other provisions of this Regulation remain unaffected by the fact that a controller relies on this legal basis.