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Compliance Officers Playbook

EDPB Opinion: AI, Data Protection, and Legitimate Interest

19 Dec 2024

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The European Data Protection Board (EDPB) has issued an opinion on the intersection of artificial intelligence (AI) and data protection under the GDPR. Key areas addressed include determining when AI models can be considered anonymous, the permissible use of legitimate interest as a legal basis for AI development, and the consequences of using unlawfully processed data. The opinion stresses the need for rigorous assessment of anonymity claims and highlights the importance of mitigating risks such as re-identification. It also provides guidance on using legitimate interest, particularly with third-party data, emphasizing the necessity of robust safeguards and a careful balancing of interests. Finally, it underscores the significant implications of non-compliance for AI developers.

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