The EDPB's joint opinion emphasizes that individual privacy regulators should assess the anonymity of LLMs on a case-by-case basis, ensuring that users cannot be indirectly identified.
The opinion also clarifies that legitimate interest can justify processing personal data for LLMs, provided that this processing is essential and a careful balancing of interests is conducted.
If personal data has been unlawfully processed in developing an AI model, the opinion warns the model's use may be at risk of legal challenges or enforcement action.
Privacy regulators must consider whether individuals have reasonable expectations regarding their data usage, emphasizing informed consent and transparency in AI data practices.
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