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Berlaymont building, European Commission, Brussels — illustrative; the Council sits in the Europa building — Photo: EmDee, CC BY-SA 4.0

Policy Watch|European Union

EU governments back letting AI developers use personal data under ‘legitimate interest’ in their GDPR rewrite position

The Council’s negotiating mandate on the Digital Omnibus (2025/0360(COD)), agreed by EU ambassadors on 21 October and published as document 14756/26, adds a GDPR Article 88bis: processing personal data to develop and operate AI systems or models may rely on the controller’s or a third party’s legitimate interest under Article 6(1)(f), unless other EU or national law requires consent and subject to safeguards and the right to object. It is a negotiating position, not law; talks with the European Parliament come next.

Daily Teabag Desk·Centre