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ARTICLE · 10 JANUARY 2025

EDPB Releases Opinion On The Use Of Personal Data With Artificial Intelligence

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On December 17, 2024, the European Data Protection Board ("EDPB" or Board) issued Opinion 28/2024, addressing data protection aspects related to the processing of personal data in the context.

United StatesTechnology
Nick Palmieri
Nick Palmieri

On December 17, 2024, the European Data Protection Board ("EDPB" or Board) issued Opinion 28/2024, addressing data protection aspects related to the processing of personal data in the context of artificial intelligence ("AI") models. This opinion was requested by the Irish supervisory authority and focuses on several key issues: the anonymity of AI models, the appropriateness of legitimate interest as a legal basis for processing, and the consequences of unlawful processing during the development phase of AI models.

Anonymity of AI Models

A core component of the Board's opinion is that AI models trained with personal data cannot always be considered anonymous. For an AI model to be deemed anonymous, the likelihood of extracting personal data directly or indirectly must be insignificant. This determination should be based on a case-by-case analysis, which considers all means reasonably likely to be used by the controller or another person. The EDPB provides

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