"AI training gets green light The proposal directly addressed one of the most contentious issues in EU privacy law: whether companies can train AI systems using personal data. The draft stated that AI training, testing, and validation may be conducted under the GDPR's "legitimate interest" basis, as long as companies implement safeguards such as data minimization, transparency, and an unconditional right to object."
"The draft stated that AI training, testing, and validation may be conducted under the GDPR's "legitimate interest" basis, as long as companies implement safeguards such as data minimization, transparency, and an unconditional right to object. "Processing of personal data for AI training may therefore be carried out for purposes of a legitimate interest," the draft said, adding that developers must ensure the training is "beneficial for the data subject and society at large.""
The proposal clarifies that companies may use personal data to train, test, and validate AI systems under the GDPR's legitimate interest legal basis when specific safeguards are in place. Required safeguards include data minimization, transparency, and an unconditional right for individuals to object. Processing for AI training must serve a legitimate interest and the training activities must be demonstrably beneficial for the data subject and society at large. Developers and organizations remain obligated to implement protective measures and respect individuals' objection rights while relying on legitimate interest for AI development.
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