Sittings · Document
Simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI)
23.3.2026 A10-0073/109
Amendment 109
Mary Khan, Christine Anderson
on behalf of the ESN Group
Report A10-0073/2026
Arba Kokalari, Michael McNamara
Simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI)
(COM(2025)0836 – C10-0304/2025 – 2025/0359(COD))
Proposal for a regulation
Recital 6
Text proposed by the Commission
Amendment
(6) Bias detection and correction constitute a substantial public interest because they protect natural persons from biases’ adverse effects, including discrimination. Discrimination might result from the bias in AI models and AI systems other than high-risk AI systems for which of Regulation (EU) 2024/1689 already provides a legal basis authorising the processing of special categories of personal data under Article 9(2), point (g), of Regulation (EU) 2016/679 of the European Parliament and of the Council6 . Given that discrimination might result also from those other AI systems and models, it is therefore appropriate that Regulation (EU) 2024/1689 should provide for a legal basis for the processing of special categories of personal data also by providers and deployers of other AI systems and AI models as well as deployers of high-risk AI systems. The legal basis is established in compliance with Article 9(2), point (g) of Regulation (EU) 2016/679 Article 10(2), point (g) of Regulation (EU) 2018/1725 of the European Parliament and of the Council7 and Article 10, point (a) of Directive (EU) 2016/680 of the European Parliament and of the Council8 provides a legal basis allowing, where necessary for the detection and removal of bias, the processing of special categories of personal data by providers and deployers of all AI systems and models, subject to appropriate safeguards that complement Regulations (EU) 2016/679, Regulation (EU) 2018/1725 and Directive (EU) 2016/680, as applicable.
(6) Bias detection and correction are important objectives in the development and use of artificial intelligence systems. However, those objectives should, as a rule, be pursued by means of synthetic, anonymised, aggregated or otherwise non-personal data. Any processing of personal data, and in particular special categories of personal data, for those purposes should remain strictly exceptional, be interpreted narrowly and be limited to high-risk AI systems where such processing demonstrably necessary and cannot be effectively replaced by less intrusive mean. This Regulation should not be understood as creating a general legal basis for the processing of personal data, including special categories of personal data, by providers or deployers of AI systems or AI models beyond the cases expressly provided for in Union data protection law.
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6 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
7 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).
8 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, pp. 89–131, ELI: http://data.europa.eu/eli/dir/2016/680/oj).
Or. en
23.3.2026 A10-0073/110
Amendment 110
Mary Khan, Christine Anderson
on behalf of the ESN Group
Report A10-0073/2026
Arba Kokalari, Michael McNamara
Simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI)
(COM(2025)0836 – C10-0304/2025 – 2025/0359(COD))
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2024/1689
Art 4 a – Title
Text proposed by the Commission
Amendment
Processing of special categories of personal data for bias detection and mitigation
Exceptional processing of special categories of personal data for bias detection and correction in high-risk AI systems
Or. en
23.3.2026 A10-0073/111
Amendment 111
Mary Khan, Christine Anderson
on behalf of the ESN Group
Report A10-0073/2026
Arba Kokalari, Michael McNamara
Simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI)
(COM(2025)0836 – C10-0304/2025 – 2025/0359(COD))
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2024/1689
Article 4 a – paragraph 1
Text proposed by the Commission
Amendment
1. To the extent necessary to ensure bias detection and correction in relation to high-risk AI systems in accordance with Article 10 (2), points (f) and (g), of this Regulation, providers of such systems may exceptionally process special categories of personal data, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons. In addition to the safeguards set out in Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680, as applicable, all the following conditions shall be met in order for such processing to occur:
1. Only where strictly necessary to ensure bias detection and correction in relation to high-risk AI systems in accordance with Article 10(2), points (f) and (g), and where that objective cannot be effectively achieved by synthetic, anonymised, aggregated or otherwise non-personal data, providers of such systems may exceptionally process special categories of personal data, subject to the conditions laid down in this Article and withour prejudice to Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680, as applicable. Such processing shall be limited to the specific bias detection and correction purpose for which it is carried out and shall not be used for general model development, model improvement, model fine-tuning, commercial analytics, behavioural profiling, product optimisation, or any other purpose, including where such activities are presented as bias mitigation, fairness optimisation or system improvement.
Or. en
23.3.2026 A10-0073/112
Amendment 112
Mary Khan, Christine Anderson
on behalf of the ESN Group
Report A10-0073/2026
Arba Kokalari, Michael McNamara
Simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI)
(COM(2025)0836 – C10-0304/2025 – 2025/0359(COD))
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2024/1689
Article 4 a – paragraph 1 – point b
Text proposed by the Commission
Amendment
(b) the special categories of personal data are subject to technical limitations on the re-use of the personal data, and state-of-the-art security and privacy-preserving measures, including pseudonymisation;
(b) the special categories of personal data shall be subject to technical and organisational measures preventing any re-use, combination, onward transfer, retention, or any other processing beyond the specific bias detection and correction task concerned, and to state-of-the-art security and privacy-preserving measures, including, where possible, pseudonomysation;
Or. en
23.3.2026 A10-0073/113
Amendment 113
Mary Khan, Christine Anderson
on behalf of the ESN Group
Report A10-0073/2026
Arba Kokalari, Michael McNamara
Simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI)
(COM(2025)0836 – C10-0304/2025 – 2025/0359(COD))
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2024/1689
Article 4 a – paragraph 1 – point e a (new)
Text proposed by the Commission
Amendment
(e a) no personal, including special categories of personal data, processed pursuant to this Article shall be incorporated into, retained in, or used to modify the general parameters, functioning or capabilities of an AI model beyond what is strictly necessary for the specific and isolated bias detection and correction procedure concerned, including, where relevant, its parametes, weights, embeddings or memory;
Or. en
23.3.2026 A10-0073/114
Amendment 114
Mary Khan, Christine Anderson
on behalf of the ESN Group
Report A10-0073/2026
Arba Kokalari, Michael McNamara
Simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI)
(COM(2025)0836 – C10-0304/2025 – 2025/0359(COD))
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2024/1689
Article 4 a – paragraph 1 – point e b (new)
Text proposed by the Commission
Amendment
(e b) prior to the processing, the provider shall carry out and document a necessity and proportionality assesment demonstrating that the purpose cannot be effectively achieved by synthetic, anonymised, aggregated or otherwise non-personal data and that the processing of special categories of personal data is strictly necessary for that purpose;
Or. en
23.3.2026 A10-0073/115
Amendment 115
Mary Khan, Christine Anderson
on behalf of the ESN Group
Report A10-0073/2026
Arba Kokalari, Michael McNamara
Simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI)
(COM(2025)0836 – C10-0304/2025 – 2025/0359(COD))
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2024/1689
Article 4 a – paragraph 2
Text proposed by the Commission
Amendment
2. Paragraph 1 may apply to providers and deployers of other AI systems and models and deployers of high-risk AI systems where necessary and proportionate if the processing occurs for the purposes set out therein and provided that the conditions set out under the safeguards set out in this paragraph.;
2. Paragraph 1 shall apply only to providers of high-risk AI systems. No processing of special categories of personal data under this Article shall be permitted for general-purpose AI systems, general-purpose AI models or other non-high-risk AI systems.;
Or. en
23.3.2026 A10-0073/116
Amendment 116
Mary Khan, Christine Anderson
on behalf of the ESN Group
Report A10-0073/2026
Arba Kokalari, Michael McNamara
Simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI)
(COM(2025)0836 – C10-0304/2025 – 2025/0359(COD))
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2024/1689
Article 10 – paragraph 1
Text proposed by the Commission
Amendment
1. High-risk AI systems which make use of techniques involving the training of AI models with data shall be developed on the basis of training, validation and testing data sets that meet the quality criteria referred to in paragraphs 2, 3 and 4 of this Article and in Article 4a(1) whenever such data sets are used.;
1. High-risk AI systems which make use of techiques involving the training of AI-models with data shall be developed on the basis of training, validation adn testing data sets that meet the quality criteria referred to in paragraphs 2, 3, 4 of this Article. Where Article 4a(1) applies on an exceptional basis, such processing shall remain strictly separate from the general training, validation, and testing datasets and workflows and shall not be relied upon as a legal basis for broader processing of personal data.;
Or. en
23.3.2026 A10-0073/117
Amendment 117
Mary Khan, Christine Anderson
on behalf of the ESN Group
Report A10-0073/2026
Arba Kokalari, Michael McNamara
Simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI)
(COM(2025)0836 – C10-0304/2025 – 2025/0359(COD))
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c a (new)
Regulation (EU) 2024/1689
Article 10 – paragraph 1– point c a (new)
Text proposed by the Commission
Amendment
(c a) the following paragraph is added:
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6a. Neither this Article nor Article 4a shall be construed as providing a legal basis for general training, development or improvement of AI models using personal data, including special categories of personal data. Any exceptional processing under Article 4a shall be interpreted strictly and limited to the specific bias detection and correction purpose for which it is authorised.;
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Or. en