What happened
A leaked Irish Presidency document proposes that personal data used "in the context of AI" be automatically lawful, removing consent requirements. The draft Article 88c (now 88bis) would permit AI companies to process any personal data for any purpose, effectively overriding GDPR safeguards.
Why it matters for trust and compliance
- Its status is proposed. It is not law yet. Track it, but do not treat it as an obligation.
- If adopted, the proposal would dramatically weaken EU data‑protection rights by granting AI firms blanket access to personal data.
- It relates to GDPR. The regulations library explains what that law requires.
Who is affected
technology advertising controller processor developer OpenAI Anthropic Google Meta SpaceX
Recommended actions
- Review consent, cookie and tracking practices against the requirement.
- Revisit retention schedules and data minimisation for the data involved.
- Inventory where this data is shared or sold and whether opt-outs are honoured.
- Review the transfer mechanisms relied on for affected data flows.
- Inventory AI or automated decision systems in scope and their assessments.