Brussels, 28 October, (Brussels Morning Newspaper) – EU AI data access proposals are attracting renewed attention in Brussels after European Union governments agreed a negotiating position on reforms affecting data protection, artificial intelligence and digital privacy. The developments have intensified debate over how Europe can support technological innovation while maintaining strong safeguards for citizens’ personal information.
The Council of the European Union adopted its position on 21 October 2026, advancing measures intended to simplify digital regulations and reduce administrative burdens for businesses.
However, European privacy authorities have previously warned that certain proposed changes could weaken existing protections and create legal uncertainty under the General Data Protection Regulation (GDPR).
EU AI Data Access Reforms Put GDPR Protections Under Scrutiny
The reforms form part of the European Commission’s Digital Omnibus package, introduced on 19 November 2025.
The proposals seek to simplify legislation governing artificial intelligence, cybersecurity, personal information and digital services.
Among the most closely examined provisions are changes concerning the processing of personal information during AI development.
The Council’s negotiating position retains the existing definition of personal data while introducing clarifications concerning pseudonymisation and the identification of individuals.
It also proposes safeguards for certain circumstances involving sensitive information processed during the development and operation of AI systems.
European officials argue that clearer requirements could encourage investment and make regulatory compliance easier for technology companies.
European Privacy Regulators Raise Serious Concerns
The European Data Protection Board (EDPB) and European Data Protection Supervisor (EDPS) expressed concerns in their joint opinion published on 11 February 2026.
The regulators acknowledged the benefits of simplifying complex digital regulations but questioned whether some proposed amendments would adequately protect individuals.
Their assessment identified potential difficulties involving the definition of personal data, the processing of sensitive information and the legal grounds used for AI development.
The authorities warned:
“Some proposed changes raise significant concerns as they can adversely affect the level of protection enjoyed by individuals, create legal uncertainty and make data protection law more difficult to apply.”
The statement reflects the regulators’ concern that reducing compliance requirements should not compromise fundamental privacy rights.
EU Council Defends Digital Simplification Strategy
Despite these concerns, EU governments maintain that regulatory simplification is necessary to strengthen Europe’s digital competitiveness.
Ireland’s Minister for Foreign Affairs and Trade, Helen McEntee, welcomed the Council agreement.
She stated:
“Simplifying and streamlining the EU’s digital rulebook will make it easier for businesses to operate across Europe, reducing administrative burdens while maintaining high standards for data privacy and citizens’ rights.”
The Council’s position also addresses cookie requirements, cybersecurity incident reporting and measures intended to make data-sharing legislation easier to apply.
These reforms are designed to improve consistency across member states while preserving established legal protections.
How Proposed AI Privacy Changes Could Affect Europeans
The proposed changes have implications for technology companies, public institutions, researchers and millions of European citizens.
AI developers could benefit from clearer rules governing lawful access to information used in developing artificial intelligence systems.
Businesses operating across several EU countries could also face fewer administrative complications.
For individuals, however, the central concern remains whether personal information will receive adequate protection when processed by increasingly sophisticated technologies.
Questions surrounding transparency, sensitive information and the ability to exercise data protection rights remain central to the legislative debate.
The GDPR continues to govern personal data processing, and the outstanding Digital Omnibus amendments have not yet become law.
What Happens Next for EU AI Privacy Legislation?
The Council’s October agreement establishes its position for negotiations with the European Parliament.
The Parliament must establish its own negotiating position before the institutions can seek agreement on the remaining legislative amendments.
Until the relevant legislation is adopted and enters into force, existing GDPR requirements remain applicable.
The outcome will help shape how European businesses develop AI technologies while protecting citizens’ privacy and fundamental rights.
Sources: Council of the European Union, 21 October 2026; European Data Protection Board and European Data Protection Supervisor, 11 February 2026; European Commission Digital Omnibus proposals, 19 November 2025.
