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noyb: EU states back no-consent AI data use

noyb: EU states back no-consent AI data use

3 Key Points

  1. What happened

    noyb says the Council is weighing the European Commission's Article 88c, now Article 88bis, which would treat AI training as an overriding "legitimate interest" and drop consent, with Ireland, Germany and other states backing it.

  2. Why it matters

    noyb warns this would make legal many uses now illegal under the GDPR, since companies would no longer need user permission to train AI on personal data.

  3. What to watch

    Enforcement is the test, as the proposal narrows the definition of "personal data" via pseudonyms and makes data subject rights inapplicable if "abused", leaving the courts as noyb's stated last hope.

WHO IT HITSEuropean users of digital services, particularly those whose data was collected years ago, could see their information used for AI training without consent, while companies operating in the EU face uncertainty over whether the GDPR still applies to pseudonymous IDs and tracking data.

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Context & Analysis

The Digital Omnibus Proposal was presented by the European Commission as adopting only minor simplifications for EU companies while explicitly maintaining a "high level of protection" for Europeans. Because the changes were intended to be minimal, a "fast-track procedure" was chosen — without any fundamental rights assessment and without directly involving the European expert group on data protection. The article notes that Ireland serves as the EU headquarters for the majority of the US and China's AI corporations, while the European Commission is said to have made a 180-degree turn and currently prioritises the interests of industry lobbies. The European Parliament's position remains mixed: most of the European People's Party tend to argue in favour of putting more loopholes in EU digital laws, centre-left Members of the European Parliament have so far pushed back, and increasingly far-right groups oppose a "free pass" for Big Tech. In the past, the European Court of Justice has struck down EU law in cases involving much less significant infringements of EU fundamental rights — such as data retention or the transfer of EU data to the United States — leaving the courts as noyb's stated last hope. Whether the proposal ultimately takes effect may hinge on that legal test, and for European users and EU-based companies, the outcome could determine how much control remains over data already held by large platforms.

FAQ
Who is behind this proposal?
The European Commission proposed Article 88c, now Article 88bis in the Council document, and the Irish Presidency currently holds the reins in the Council, with support from Germany and other EU powerhouses.
What exactly would change for personal data?
The proposal would liberate the use of personal data for AI so companies are automatically assumed to have an overriding "legitimate interest" if they train or use any AI product, with no need to ask users for consent.
What does noyb say about enforcement?
noyb says the measures on pseudonyms, internal company capabilities, and "abusive" rights would make it almost impossible to enforce the GDPR in practice, because companies themselves would make the key decisions.

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