backThe European Data Protection Board (EDPB) has published Opinion 28/2024, addressing essential aspects of data protection in the development and use of Artificial Intelligence (AI) models. Key points include the assessment of data anonymization, the use of legitimate interest as a legal basis, and the implications of the misuse of personal data. The EDPB emphasizes that anonymization is only valid when the likelihood of reidentifying individuals is minimal, considering available technologies. It also recommends a thorough analysis to determine the appropriate legal basis, paying attention to the expectations of data subjects.
Another relevant aspect of the opinion is the impact of the illegal use of personal data in creating AI models. Although the GDPR does not apply to operations with properly anonymized data, the EDPB warns of the ethical and legal risks of subsequent processing based on data acquired unlawfully. Anonymization, being a processing activity, also requires a valid legal basis, or it will be considered illegal.
For more information, see the full text: EDPB releases AI data guidance to harmonise GDPR compliance
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