# Data and data governance 10(5) — AI Act — provision context

> Focused context for a single provision (10(5)), curated from overview.legal on 2026-10-06. Canonical: https://overview.legal/laws/ai-act/art-10#par-5
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Data and data governance** (AI Act, full article: https://overview.legal/laws/ai-act/art-10).

## Provision text

### 10(5)

To the extent that it is strictly necessary for the purpose of ensuring bias detection and correction in relation to the high-risk AI systems in accordance with paragraph (2), points (f) and (g) of this Article, the providers of such systems may exceptionally process special categories of personal data, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons. In addition to the provisions set out in Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680, all the following conditions must be met in order for such processing to occur:

a) the bias detection and correction cannot be effectively fulfilled by processing other data, including synthetic or anonymised data;
b) the special categories of personal data are subject to technical limitations on the re-use of the personal data, and state-of-the-art security and privacy-preserving measures, including pseudonymisation;
c) the special categories of personal data are subject to measures to ensure that the personal data processed are secured, protected, subject to suitable safeguards, including strict controls and documentation of the access, to avoid misuse and ensure that only authorised persons have access to those personal data with appropriate confidentiality obligations;
d) the special categories of personal data are not to be transmitted, transferred or otherwise accessed by other parties;
e) the special categories of personal data are deleted once the bias has been corrected or the personal data has reached the end of its retention period, whichever comes first;
f) the records of processing activities pursuant to Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680 include the reasons why the processing of special categories of personal data was strictly necessary to detect and correct biases, and why that objective could not be achieved by processing other data.

## Topics on this provision

- **High-Risk AI Classification** — https://overview.legal/topics/high-risk-ai-classification
  The content specifically addresses classification rules for high-risk AI systems under the AI Act, which is a distinct regulatory concept requiring its own dedi
- **Annex III Amendments** — https://overview.legal/topics/annex-iii-amendments
  This new topic is needed because amendments to Annex III represent specific regulatory changes to the AI Act's classification framework that warrant dedicated t
- **AI Risk Assessment** — https://overview.legal/topics/ai-risk-assessment
  The AI Act employs a risk-based regulatory approach to determine which practices are prohibited, requiring assessment and classification of AI system risks, whi
- **AI Value Chain Actors and Roles** — https://overview.legal/topics/ai-value-chain-actors
  The content focuses on responsibilities distributed across different actors in the AI value chain. A dedicated topic for understanding the various actors, their
- **Types of Special Categories of Personal Data** — https://overview.legal/topics/special-categories-data-types
  A dedicated topic is needed to comprehensively cover the specific types and definitions of special categories of personal data, including racial/ethnic origin, 

## Cited by (exact-provision citations)

- **EDPB-EDPS Joint opinion 1/2026 on the Proposal for a Regulation as regards the simplification of the implementation of harmonised rules on artificial intelligence** (guidance) — https://overview.legal/posts/53738
- **Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models** (guidance) — https://overview.legal/posts/125697
- **Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models** §58 (guidance, EDPB) — https://overview.legal/posts/125697
- **EDPB-EDPS Joint opinion 1/2026 on the Proposal for a Regulation as regards the simplification of the implementation of harmonised rules on artificial intelligence** §17 (guidance, EDPB) — https://overview.legal/posts/53738
- **EDPB-EDPS Joint opinion 1/2026 on the Proposal for a Regulation as regards the simplification of the implementation of harmonised rules on artificial intelligence** §14 (guidance, EDPB) — https://overview.legal/posts/53738
- **EDPB-EDPS Joint opinion 1/2026 on the Proposal for a Regulation as regards the simplification of the implementation of harmonised rules on artificial intelligence** §12 (guidance, EDPB) — https://overview.legal/posts/53738
- **EDPB-EDPS Joint opinion 1/2026 on the Proposal for a Regulation as regards the simplification of the implementation of harmonised rules on artificial intelligence** §11 (guidance, EDPB) — https://overview.legal/posts/53738

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Generated by overview.legal · https://overview.legal/laws/ai-act/art-10#par-5 · 2026-10-06