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Irish Presidency Draft Would Let AI Developers Use EU Personal Data Under GDPR Legitimate Interest

September 21, 2026 at 15:58 EDT

Policy & Regulation
Foundation Models

A leaked Council of the European Union compromise drafted under Ireland's presidency would create an AI-specific GDPR route for using personal data under legitimate interest, escalating a fight over whether model developers should need consent from Europeans. The text is not adopted law, but it could shape the Council's position in the Digital Omnibus, a package billed as simplifying EU rules on data, cybersecurity and AI.

21 Sep 2026 · Irish Presidency Draft

GDPR Opens an AI Data Fight

A Council compromise would add Article 88bis, giving AI development and operation a clearer route to rely on legitimate interest for personal data. The text is still a negotiation draft, not adopted law.

158

pages in the compromise text

88bis

new GDPR article for AI processing

EU Member States in Council talks

Safeguards Move From Specific To Broad

named protections in the earlier operative clause

general safeguards clause in the draft article

The main visual change is proportional: four concrete examples shrink to a single broad requirement in the operative text.

How The Clause Would Work

AI development

Personal data enters a model-building or operation context.

→

Legal basis

The controller may point to GDPR legitimate interest.

→

Balancing test

Rights and safeguards remain the disputed check.

The Clarity Case

Supporters say a single AI route could reduce fragmented interpretations and help European companies train and deploy models with clearer compliance architecture.

The Rights Concern

Critics say the wording is too broad, especially for historical data, pseudonymised data and people who never dealt directly with an AI provider.

Still A Negotiation

The draft must still survive Council and Parliament negotiations. Current GDPR obligations do not change unless a final law is adopted.

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