Regulatory Watch  /  European Union  /  Proposed regulation
Moderate impactProposed regulationProposed

EU proposes Article 88c/88bis to allow unrestricted AI use of personal data

A leaked Irish Presidency document proposes that personal data used "in the context of AI" be automatically lawful, removing consent requirements. The draft Article 88c (now 88bis) would permit AI companies to process any personal data for any purpose, effectively overriding GDPR safeguards.

Why it matters: If adopted, the proposal would dramatically weaken EU data‑protection rights by granting AI firms blanket access to personal data.

Summary generated from the sources below. Check the primary source before relying on it; this is not legal advice.

Sources
AI: EU Member States plan “digital expropriation” of Europeans in the interest of AI companies
noyb · primary source · Sep 21, 2026
AI: EU Member States plan “digital expropriation” of Europeans in the interest of AI companies
noyb · Sep 21, 2026
Details
JurisdictionEuropean Union
RegulatorEuropean Commission
LegislatureCouncil of the European Union
LawGeneral Data Protection Regulation
StatusProposed
PublishedSeptember 21, 2026
Effectivenot stated
OrganisationsOpenAI, Anthropic, Google, Meta, SpaceX
Topicsconsent, purpose limitation, data minimization, ai governance, automated decision making, profiling, cross border transfer, targeted advertising
Datapersonal, sensitive