Privacy group says EU changes GDPR to favor AI
None of Your Business, the privacy campaign led by Austrian lawyer Max Schrems, has condemned a European Commission proposal that would amend the GDPR to accommodate artificial intelligence. The group argues the draft, which renames Article 88c to 88bis, would let AI developers process personal data without explicit consent by invoking a new “legitimate interests” clause.
Key points
- None of Your Business says EU draft would let AI firms process personal data without consent under a new ‘legitimate interest’ clause.
- Amendments to Article 88c, renamed 88bis, could allow big‑tech companies to use decades‑old data for AI training, the group warns.
- Schrems says the proposals prioritize profits of Elon Musk, Marc Zuckerberg, Google and OpenAI over Europeans’ fundamental privacy rights.
The briefing note accompanying the proposal states that processing is permissible when it is “necessary for the interests of the controller in the context of the development and technical operation of an AI system or an AI model.” Schrems says this would let big‑tech firms use decades‑old data from chats or social media for AI training, effectively overriding Europeans’ fundamental right to privacy. He warns that the interests of Elon Musk, Marc Zuckerberg, Google and OpenAI could be placed above those rights.
Schrems, whose group previously forced the EU’s top court to strike down the Safe Harbor and Privacy Shield agreements, suggests that legal challenges may be the only way to stop the dilution of data‑protection law. The European Court of Justice could review whether the changes align with EU fundamental rights.
Privacy group slams EU for changing the data rules to cater to AI
theregister.com · 22 September 2026
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