Irish watchdog takes Elon Musk's X to court over processing of personal data
High Court reporters
The Data Protection Commission has launched High Court proceedings against Twitter International Unlimited Company over concerns about how the personal data of millions of European s of the "X" platform is being processed.
The DPC says its concerns centre around the use of this data, in public posts by X s, in European Union/European Economic Area to train artificial intelligence systems utilised by Twitter including its enhanced search tool known as 'Grok'.
Represented by Remy Farrell SC, with David Fennelly BL instructed by Philip Lee Solicitors, the DPC claims that by its use of Grok Twitter International is not complying with its obligations under the GDPR, the EU regulation that sets guidelines for information privacy and data protection.
The DPC is further concerned about Twitter's intention to launch the next version of Grok, which it is claimed has been trained using the personal data of EU/EEA s, sometime in August.
This, the DPC claims would compound the difficulties arising from the data processing in question.
It is also claimed that Twitter International has refused requests from the DPC to cease processing the personal data in question or to defer the launch of the next edition of 'Grok.'
The DPC accepts that Twitter has put in place some mitigation measures that were not in place when the data processing commenced, such as a opt out mechanism, for s.
However, the DPC says that the fact remains that a very significant number of X's millions of European-based s have been and continue to be processed without been afforded the protection of these mitigation measures in a timely and effective manner consistent with rights under GDPR.
As a result, the DPC says that the matter is urgent and that it need to act by way of court proceedings to protect data rights and freedoms as guaranteed under GDPR.
In order to clarify the lawfulness of Twitter International's processing of s data the DPC also intends to refer the matter to the European Data Protection Board for consideration.
Dublin-based Twitter International is the data controller in the EU/EEA in respect of all personal data carried out on its X, formerly Twitter, social medial service. It denies any wrongdoing.
In its action the DPC seeks orders against Twitter including one suspending, restricting, or prohibiting the respondent from processing the personal data of X s for the purposes of developing, training or refining any machine learning, large language or other AI systems used by Twitter.
This data would be used for s of Twitters enhanced search tool being provided to and + s of the platform, under the name 'Grok' the DPC claims.
The orders are being sought by the DPC under the 2018 Data Protection Act.
The matter came before Ms Justice Leonie Reynolds on Tuesday, who agreed that the application before her is novel and the first time a case like this has been before the Irish courts.
The judge, who said that there has been significant and extensive correspondence between the parties on the issue, granted the DPC permission to service short notice of the injunction proceedings on Twitter.
The matter will return before the Court later this week.
