Opinion on data processing in AI models

Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models

This opinion outlines the EDPB's stance on claims of AI model anonymity and the use of legitimate interest as a legal basis for processing personal data in AI development and deployment. It emphasizes a case-by-case assessment of anonymity by supervisory authorities (SAs) and provides a framework for evaluating claims, including documentation review and suggested anonymization methods. The opinion also recalls the GDPR’s three-step test for legitimate interest, focusing on necessity and balancing tests.