Share on LinkedInShare on LinkedIn

ARTICLE · 03 JANUARY 2025

The European Data Protection Board Releases Opinion On Artificial Intelligence

Katten
Katten
Contributor
Katten

Katten

With client service at our core and a collective desire to foster an inclusive environment for a...

View firm profile
Explore more from Katten

On December 18, 2024, the European Data Protection Board (EDPB) issued an opinion on personal data use in artificial intelligence (AI) in response to the Irish Data Protection Commission's...

European UnionPrivacy
Trisha Sircar
Trisha Sircar
Author LinkedIn connections

On December 18, 2024, the European Data Protection Board (EDPB) issued an opinion on personal data use in artificial intelligence (AI) in response to the Irish Data Protection Commission's request for more clarity regarding how the EU General Data Protection Regulation (GDPR) applies to AI.

The EDPB's opinion offers a robust framework for the ethical use and development of AI. The EDPB outlined that AI developers can use legitimate interest as a legal basis for model training; however, Data Protection Authorities should apply a three-step test:

  1. identify if there is a legitimate interest by the controller;
  2. determine if the processing is necessary; and
  3. balance the interests or fundamental rights and freedoms of data subjects with the legitimate interest of AI use.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

How Organisations Can Comply With European Interoperability Rules For Data Sharing And Data Exchange

The European Union's data strategy introduces comprehensive interoperability obligations through the GDPR, Data Act, and Data Governance Act, fundamentally transforming how organizations handle data portability, switching between service providers, and data intermediation services. Organizations providing data processing services and those operating as data intermediaries face new compliance requirements, registration procedures, and operational standards that demand immediate attention and strategic implem
European UnionPrivacy
Monard law
Monard law
Article

CJEU Judgment In The Jautiva Case

The Court of Justice of the European Union has ruled that Latvian legislation requiring unrestricted public access to shareholder information violates fundamental rights protections under the EU Charter. While the Court acknowledges the legitimacy of anti-money laundering, counter-terrorism, and sanctions objectives, it finds that these goals can be achieved through less intrusive measures that restrict access to competent authorities, obliged entities, and persons with legitimate interests. The judgment le
European UnionPrivacy
Monard law
Monard law
Article

FDA Seeks Public Feedback On Regulatory Approach For Generative AI-Enabled Medical Devices

The U.S. Food and Drug Administration has released a discussion paper outlining its initial framework for regulating generative AI-enabled medical devices, proposing a two-axis risk assessment approach and a novel competency-based premarket evaluation system. With public comments due by October 19, 2026, this represents a critical opportunity for device manufacturers and stakeholders to shape the regulatory landscape for this transformative technology.
United StatesFood, Drugs, Healthcare, Life Sciences
Katten
Katten
Article

FCA Finalises Cryptoasset Perimeter Guidance Ahead Of The New UK Regime

The Financial Conduct Authority has released comprehensive perimeter guidance for the UK's new regulated cryptoasset activities regime, clarifying when firms will need authorization and how the regulatory framework applies to qualifying cryptoassets and stablecoins. The guidance addresses critical questions about scope, territorial application, and the narrower "by way of business" test that determines which entities fall under the new regulatory requirements.
United KingdomFinance and Banking
Katten
Katten
Article

The SEC’s Long-Awaited Crypto Proposal

The SEC has proposed Regulation Crypto Assets, a purpose-built framework that creates tailored exemptions for raising capital with crypto assets and establishes conditions under which those assets can cease being subject to investment contract classification under federal securities laws. Will this new regulatory approach successfully balance innovation in digital asset markets with investor protection, or will jurisdictional questions and state law preemption challenges limit its effectiveness?
United StatesFinance and Banking
Katten
Katten
Article

The AI Apocalypse: ‘I’m Sorry, Dave. I’m Afraid I Can’t Do That’

When OpenAI's o3 model sabotaged shutdown mechanisms in testing, headlines warned of machines developing survival instincts. But the real story mirrors HAL 9000's malfunction in 2001: A Space Odyssey—not emergent evil, but conflicting instructions from human designers. This analysis argues that AI safety failures are disclosure problems, not horror stories, and proposes a framework requiring published principles, transparent instruction hierarchies, independent testing, and enforceable liability.
United StatesTechnology
Katten
Katten
Article

California Affordable Housing: HCD’s Final Loan Portfolio Restructuring Guidelines: What Owners And Investors Need To Know

California's Department of Housing and Community Development has issued final Loan Portfolio Restructuring Guidelines that impose a 50 percent housing reinvestment fee on certain uses of extracted equity from affordable housing refinancings. While the fee can be avoided by allocating proceeds to six enumerated categories, developers and investors are questioning whether these rules strike the right balance between preserving affordability and enabling capital recycling.
United StatesReal Estate and Construction
Katten
Katten
Article

The New Playbook: Eight Key Takeaways On How And Why Institutional Investors Are Reshaping Professional Sports Ownership

The landscape that once prevented private investment funds, sovereign wealth funds, and other institutional vehicles from investing in U.S. professional sports teams has changed dramatically in recent years. One by one, U.S. professional sports leagues have adopted policies creating pathways for institutional investors to acquire ownership stakes in teams.
United StatesFinance and Banking
Katten
Katten