Member States should protect privacy, including against surveillance, through legislation compliant with international law, and strongly encourage AI actors to follow international standards, conduct privacy impact assessments as part of ethical impact assessment and apply privacy by design. Individuals should keep rights over their personal data under a framework providing transparency, safeguards for sensitive data, accountability, full data subject rights including access and erasure in AI systems (subject to limited exceptions), protection where data are used commercially such as micro-targeted advertising or transferred across borders, and independent oversight. Personal and sensitive data whose disclosure could cause exceptional harm (criminal records, biometric, genetic and health data, and data on protected characteristics) should receive full security.
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