CNIL consultation on the development of artificial intelligence systems

Eurocloud fully supports the idea that legitimate interest, and not consent, is the generally appropriate legal basis for the development of AI systems, including in the case of commercial purposes. Eurocloud also shares the position of the CNIL which underlines that processing prohibited by regulations other than the GDPR cannot be considered legitimate, as provided for in the AI categorisation of the European AI Act. Regarding the GDPR, Eurocloud however underlines that the principle of minimisation could be interpreted too restrictively in relation to the design or operation of AI systems. Eurocloud also subscribes to the position that the processing of personal data must be justifiable in light of the intended objective and a fortiori imposes specific precautions to limit risks and protect the rights of individuals. However, Eurocloud considers that the implementation of certain rights and principles is not always adapted to AI systems: this is particularly the case of the discretionary right of opposition which would, where appropriate, impose disproportionate constraints on suppliers.