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  • Miguel Afonso Caetano 🦾 🌹remixtures@tldr.nettime.org
    Oct 24, 2026, 12:52 PM

    "Usually, the GDPR permits processing for specific purposes (e.g. retention for tax records or fraud prevention). However, the agreed Article 88c (or Article 88bis) legitimises an entire technology. Regardless of the purpose for which it is used, any AI system could lawfully take any personal data by default. For example, the proposed Article would also permit the training and use of AI for manipulation, disinformation, the generation of nude images or killer drones, and indeed any other questionable purpose. Many processing operations that were so far illegal could suddenly become legal – just because they are done “in the context” of an AI system. For example, data processing for personal advertising purposes (without consent) is currently illegal in the EU. Now, however, advertising could suddenly become legal if it is personalised using AI technology.

    Max Schrems: “It’s like saying anything goes – no matter what you do – as long as it’s done with AI. If something is illegal in an Excel spreadsheet, it's legal if done with an AI agent. It’s utterly absurd to give preferential treatment to a high-risk technology over every other computer system.”"

    noyb.eu/en/ai-eu-member-states

    #EU #GDPR #AI #BigTech #DataProtection #DigitalExpropriation #DigitalOmnibus

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  • Antonio Patriarcaantopatriarca@mathstodon.xyz
    Oct 26, 2026, 7:59 AM

    @remixtures I cannot imagine a worse law. It gives more importance to how you do something than to what or why you are doing it. So a Python script is illegal, but if you query an AI to build that script and run it, it is not?! It gives a free pass to the worse companies for privacy and user data usage, the ones the entire GDPR was designed to protect against. This is extremely shameful for the EU.

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  • Leelooleeloo@c.im
    Oct 26, 2026, 9:19 AM

    @remixtures
    Time to start asking the politicians pushing this the question: "So, collecting nude images of children for the purpose of feeding them into a child porn generating AI would be legal?"

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  • Resunaresuna@ohai.social
    Oct 26, 2026, 11:22 AM

    @remixtures

    This reminds me of the thousands of abusive patents that were filed in the US that basically read " something that people have been doing for thousands of years, except on a computer".

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  • gjmgjm@mathstodon.xyz
    Oct 26, 2026, 11:46 AM

    @remixtures This doesn't seem to be very accurate. That article says that people's personal data can be processed in the context of AI "for a legitimate interest of the controller or a third party in accordance with article 6(1)(f)", and that article _already_ basically lets anyone do anything that's a "legitimate interest" of theirs. This is just making it explicit that the new bits about AI don't make that provision not apply to AI.

    (And then the new bits about AI say, roughly, "if you're making a serious effort _not_ to let people's personal info into your training data and some get in anyway that you couldn't reasonably have kept out, that's kinda OK".)

    I am quite sure that all this stuff will be abused -- I am quite sure that the "legitimate interest" provisions are widely abused already -- but unless I'm grossly misunderstanding this change _doesn't_ say anything at all like "anything does as long as it's done with AI" or "if something is illegal in an Excel spreadsheet, it's legal if done with an AI agent".

    Am I missing something here?

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