EDPB Consultation on AI Models
Theodore Christakis will participate at the European Data Protection Board’s (EDPB) remote stakeholder event on November 5, 2024. This event seeks input from selected stakeholders regarding an Article 64(2) GDPR opinion on artificial intelligence models (‘AI models’), requested by the Irish Data Protection Authority (DPC).
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This event brings together over 150 experts from across Europe, including sector associations, organizations, NGOs, individual companies, law firms, and academics. Participants were chosen by the EDPB following a call for expressions of interest. More information.
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The event aims to support the EDPB’s drafting of an important Opinion on General Purpose AI Models and the GDPR, expected by December 23. According to the DPC’s explanations, its request is made to facilitate discussion and agreement at the EDPB level on key issues in developing and training AI models. It seeks clarity on complex areas, particularly regarding the extent of personal data processing in AI model training and operation, including considerations around legal basis assessments for data controllers. Read more on the DPC’s request.
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The EDPB has structured the event discussions around two main topics:
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Topic 1: AI Models and the Definition of “Personal Data”
The EDPB seeks especially technical input on evaluating “whether a given AI model trained using personal data still processes personal data”.
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Topic 2: Possibility of Relying on “Legitimate Interest” as a Lawful Basis for Processing Personal Data in AI Models
The EDPB invites insights on the third element of the three-prong test for the use of legitimate interest, i.e. the balancing exercise, and especially the measures that could or should be put in place to ensure that the rights and freedoms of the data subjects are appropriately balanced against the interests of the controller or a third party.
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