Draft changes would create new exceptions for AI companies that would allow them to legally process special categories of data (like a person’s religious or political beliefs, ethnicity or health data) to train and operate their tech. The Commission is also planning to reframe the definition of such special category data, which are afforded extra protections under the privacy rules.
Officials also want to redefine what constitutes as personal data, saying that pseudonymized data (where personal details have been obscured so a person can’t be identified) might not always be subject to the GDPR’s protections, a change that reflects a recent ruling from the EU’s top court.
Finally, it wants to reform Europe’s pesky cookie banner rules by inserting a provision into the GDPR that would give website and app owners more legal grounds to justify tracking users beyond simply obtaining their consent.
The draft proposal could still change before the Commission officially unveils its plans on Nov. 19.
Once presented, the omnibus package has to pass muster with EU countries and lawmakers, who are already sharply divided on whether to touch privacy protections.
Documents seen by POLITICO show that Estonia, France, Austria and Slovenia are firmly against any rewrite of the General Data Protection Regulation. Germany — usually seen as one of the most privacy-minded countries — on the other hand is pushing for big changes to help AI.
In the European Parliament, the issue is expected to divide groups. Czech Greens lawmaker Markéta Gregorová said she is “surprised and concerned” that the GDPR is being reopened. She warned that Europeans’ fundamental rights “must carry more weight than financial interests.”
But Finnish center-right lawmaker Aura Salla — who previously led Meta’s Brussels lobbying office — said she would “warmly” welcome the proposal “if done correctly,” as it could bring legal certainty for AI companies. Salla emphasized that the Commission will have to “ensure it is European researchers and companies, not just third country giants that gain a competitive edge from our own rules.”