The definition of personal data remains unchanged under the Digital Omnibus. What this means for AI training and legitimate interest under GDPR.
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The European Commission’s latest Digital Omnibus package introduces a significant and much-debated idea: allowing AI training based on legitimate interest, under Article 6(1)(f) GDPR, accompanied by a new Article 88c. The proposal formalises something many expected — that training AI systems or AI models on personal data may rely on legitimate interest as a legal basis.
The European Commission’s proposal to codify legitimate interest as a legal basis for AI training marks the most significant reform to the GDPR since its adoption. By explicitly recognizing legitimate interest as legal basis for AI training, the Commission aims to reconcile data protection with the realities of modern artificial intelligence.