On 23 October 2026, EU Member States voted to amend the General Data Protection Regulation (GDPR) by adding a new provision (Article 88bis) that would allow any processing of personal data that is “in the context of AI” to be automatically considered lawful. The approved text effectively removes the need for user consent or other safeguards, giving AI companies such as OpenAI, Anthropic, Google, Meta and SpaceX the ability to use all personal data they have collected over the past decades for any AI‑related purpose, including training, manipulation, disinformation, or other high‑risk applications. The change is described by civil‑society activist Max Schrems as a form of “digital expropriation” that prioritises corporate profit over European fundamental rights to privacy. The amendment was adopted as part of the Digital Omnibus proposal, following a fast‑track procedure that did not include a fundamental‑rights assessment or consultation with the European Data Protection Board. While the Council has approved the text, the European Parliament must still negotiate the final wording, and the European Court of Justice could potentially invalidate the provision if it conflicts with EU fundamental rights. https://noyb.eu/en/ai-eu-member-states-approve-digital-expropriation-europeans-ai-companies