Replying to Avatar Tim Bouma

I asked #ChatGPT to write a GDPR article for Right to Pay Privately similar to Article 14 Right to be Forgotten

Not bad:

Article. XX Right to Pay Privately

1. The individual shall have the right to make payments for goods and services using means that do not require the disclosure of personally identifiable information. Public and private sector entities shall respect this right and offer, where reasonably practicable, at least one means of payment that does not rely on identity-linked data collection or third-party financial intermediaries.

2. The right to pay privately shall apply in particular where:

the transaction can be lawfully conducted without identification under applicable laws;

the individual explicitly chooses to avoid linking the transaction to a persistent identifier;

the processing of payment data is not necessary for the delivery or fulfilment of the product or service;

the service provider otherwise relies on the voluntary provision of personal data solely for profiling, behavioural tracking, or targeted advertising.

3. Where a controller or payment processor offers only identity-linked methods, and where the provision of an anonymous or pseudonymous payment option is technically and economically feasible, the individual shall have the right to request an alternative method that respects informational self-determination.

4. Where payments are made using cash, bearer instruments, digital cash, or other non-identifying methods, the controller shall not:

require personal data beyond what is necessary for fraud prevention or regulatory compliance;

refuse lawful payment solely on the grounds that no identity data accompanies the transaction;

infer or construct persistent profiles based on repeat transactions that would undermine the anonymity of the individual.

5. Paragraphs 1 to 4 shall not apply to the extent that identifiable payment processing is:

required for compliance with anti-money laundering, counter-terrorist financing, or tax reporting obligations under Union or Member State law;

necessary for the execution of a contract involving ongoing financial services or credit arrangements;

required for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

proportionately implemented to detect and prevent fraud, misuse, or abuse of the payment system;

essential for the establishment, exercise, or defence of legal claims arising from the transaction.

The burden of demonstrating the necessity of identity-linked payment processing, and the unavailability of privacy-respecting alternatives, shall rest with the controller.

Member States shall ensure that individuals are informed of their right to pay privately and that mechanisms for anonymous or pseudonymous payments are not unduly restricted by legal, commercial, or technological barriers inconsistent with this Article.

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