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EU privacy body weighs in on some tricky GenAI lawfulness questions | TechCrunch

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The European Data Protection Board published an opinion on Wednesday that explores how AI developers might use personal data to develop and deploy AI models without falling foul of the bloc’s privacy laws.

The question of what legal basis might be appropriate for AI models to ensure they are compliant with the General Data Protection Regulation (GDPR).

Only truly anonymous data, where there is no risk of re-identification, falls outside the scope of the regulation.

In the context of AI models the bar is being set at risks of identifying individuals or their data at “very unlikely” Legitimate interest is likely to be the basis of choice for AI developers building models.

Lukasz Olejnik , an independent consultant and affiliate of KCL Institute for Artificial Intelligence , says the EDPB opinion may unintentionally legitimize the scraping of web data without proper legal bases.

He says the opinion does not tie hands of national DPAs, but he is sure Poland ’s DPA will consider it in its decision against ChatGPT.

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