I am going to briefly describe the conditions that are already in place in the amendment.
The exception provides that the individual may use the photograph for private or non-commercial purposes. The photograph in question would need to be one that was commissioned by the individual for personal purposes. The exception applies unless the individual and the owner of copyright in the photograph or portrait have agreed otherwise. Those are the existing conditions.
The proposed changes to this amendment do raise new concepts, such as potential market effect. Because of that, they could modify the scope of the exception, and that would have to be taken into consideration.