According to a leaked document, the Irish Presidency of the Council of the European Union proposes an amendment to the GDPR aimed at legalizing by default the use of personal data for artificial intelligence (AI).

The proposal, examined within the framework of the "Digital Omnibus" package through an accelerated procedure, aims to introduce a new Article 88 bis to the GDPR. Supported by several Member States, this provision would create a presumption that the commercial interests of AI-specialized companies would take precedence over the fundamental right to data protection. This general authorization would apply to all personal data, including those collected in the past, without requiring the consent of the data subjects. As a result, previously illegal processing, such as personalized advertising without consent, would become legal as long as it is carried out "within the framework" of an AI system, regardless of the purpose pursued.

Other changes are also proposed, such as a restriction of the definition of "personal data" and the possibility for companies to refuse the exercise of data subjects' rights in cases of "abusive use." These changes, described as a "digital expropriation" of Europeans, could make the application of the GDPR more complex. The Court of Justice of the European Union could be the last resort, as such a permissive law risks being invalidated and creating legal uncertainty.