European Union: Adopted EDPB opinion on certain data protection aspects relating to processing of personal data in the context of AI models

On 17 December 2024, the European Data Protection Board (EDPB) adopted an opinion on the use of personal data for the development and deployment of AI models. The opinion covered when and how AI models can be considered anonymous, when and how legitimate interest can be used as a legal basis for developing or using AI models, scenarios where an AI model is developed using personal data that was processed unlawfully, and the use of first versus third-party data. The guidance supports a case-by-case analysis of these questions in recognition of the diversity and ongoing evolution of AI technologies.