EDPB weighs in on key questions on personal data in AI models

On 17 December, the European Data Protection Board adopted Opinion 28/2024 "on certain data protection aspects related to the processing of personal data in the context of AI models."  

Although organisations appreciate explicit confirmation that legitimate interest is a legal basis for the development and deployment of artificial intelligence models, they hoped to move from theoretical discussions to practical solutions. We are partway there.

The wording "case by case" appears 16 times with "may" or "might" 161 times in the opinion. This will likely lead to a diverging approach between DPAs, but it is possible this strategic ambiguity is deliberate by the EDPB.

Our experts have written an insightful article for the International Association of Privacy Professionals (IAPP) presenting their initial thoughts on the questions addressed in the opinion. 

To delve into the full article click here.

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