A High Court dispute between the operator of the X social media platform and the Data Protection Commission (DPC) over the use of personal data to train artificial intelligence (AI) systems has been resolved.
The dispute centred around the DPC’s concerns about the processing of personal data of millions of X’s European users, and the alleged use of that information to train any of the respondent’s AI systems.
The High Court heard on Wednesday the proceedings could be struck out after Twitter International Unlimited Company gave a permanent undertaking to the court.
The undertaking is to the effect that data from EU/EEA users posted on the X platform which was to be used for developing, refining and training the search service of the platform, known as “Grok”, between May 7th, 2024, and August 1st, 2024 – the period when the relevant data is alleged to have been processed – shall be deleted and not processed.
The undertaking was given on behalf of Twitter International, by its counsel Declan McGrath SC before Ms Justice Leonie Reynolds in a hearing on Wednesday.
Mr McGrath appearing with Shelly Horan, instructed by A&L Goodbody solicitors, said the undertaking is to replace a temporary one that had previously been offered to the court.
Counsel added that the relevant data has already been deleted, and the DPC’s proceedings could be struck out with no further order required from the court.
Striking out the action, Ms Justice Reynolds welcomed the resolution of the action.
The DPC consented to the proceedings being struck out.
In proceedings launched last month, the DPC, represented by Remy Farrell SC and David Fennelly, instructed by Philip Lee Solicitors, had sought 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 users of Twitter’s enhanced search tool being provided to Premium and Premium+ users of the platform, under Grok, the DPC had claimed.
The DPC also claimed the manner in which Twitter International is processing data to train Grok is not in compliance with its obligations under the GDPR, the EU regulation that sets guidelines for information privacy and data protection.
It was 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.
As a result, the DPC argued the matter was urgent and it needed to act by way of court proceedings to protect data rights and freedoms as guaranteed under GDPR.
The DPC’s claims were denied, and the respondent argued it was at all times GDPR compliant.
In its initial response to the claims, Twitter International said it would oppose the “draconian” orders being sought by DPC, and had further argued that if granted the orders would prevent the social media platform from carrying out the essential functions that are required for the provision of the X platform in the EU and EEA.
The action was the first time that an application for such orders, which are being sought under the 2018 Data Protection Act, was made before the Irish courts.
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