The Data Protection Commission (DPC) has launched High Court proceedings against Twitter International Unlimited Company over concerns about how the personal data of millions of European users of X, as the social network is now called, is being processed.
The DPC says it concerns centre around the use of this data, in public posts by X users, in the European Union/European Economic Area to train artificial intelligence (AI) 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 users, some time in August.
This, the DPC claims, would compound the difficulties arising from the data processing in question.
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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 brought in some mitigation measures that were not in place when the data processing commenced, such as an opt-out mechanism for users.
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However, the DPC says the fact remains that data related to a very significant number of X’s millions of European-based users has been and continues to be processed without being afforded the protection of these mitigation measures in a timely and effective manner, consistent with rights under GDPR.
As a result, the DPC says the matter is urgent and that it needs 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 users’ 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 on its X social media platform. It denies any wrongdoing.
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In its action, the DPC seeks orders against Twitter including one suspending, restricting or prohibiting the respondent from processing the personal data of X users 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 Twitter’s enhanced search tool being provided to Premium and Premium + users 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.
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