EU member states have backed a GDPR amendment that would classify training AI models on personal data of European citizens as a “legitimate interest”. This would make it much easier for AI companies to use such data. The Council agreed to the proposal last week.
The European Commission proposed the change last year to simplify digital legislation. The text says that using personal data “in the context of AI” is automatically justified, so no user consent is needed. Ireland, which holds the Council presidency, is also the EU base for most US and Chinese AI companies.
According to privacy organisation noyb, Big Tech could use nearly all personal information it collected over past decades with almost no restrictions, including data of people who never were customers. Well-known privacy activist Max Schrems calls it the biggest gift EU member states have ever given to American Big Tech.
The proposal is not final law yet. The European Parliament still has to take a position, after which negotiations continue. Noyb says the EU Court of Justice could still step in as a last resort.
Keep following the process closely. Review which personal data your organisation holds and make sure your GDPR documentation and transparency toward customers stay up to date.
