On Monday, 5 August 2024, EURACTIV reports that consumer organisations Euroconsumers and Altroconsumo filed a complaint with the Irish Data Protection Commission (DPC) about X platform's use of user data to train its artificial intelligence models in violation of the EU General Data Protection Regulation (GDPR). The complaint follows reports in July that users had unknowingly consented to their posts being used to develop AI systems through a default setting on the app.
The complaint accuses X of not offering a clear enough explanation about how it uses user data for AI training and that it is collecting more data than it needs, including some sensitive information.
In an update on Tuesday, 6 August, TheJournal reveals that the DPC has launched High Court proceedings in Ireland against Twitter International Unlimited Company concerning the matter. According to the article, the DPC is also concerned that X platform intends to launch the next version of its AI model, Grok, in August, which is purported to be trained on EU/EEA users' data. The DPC also claims that the company refuses to respond to requests from the regulator to cease processing the personal data in question or delay the launch. As such, the DPC declares this to be an urgent matter, hence the need to act by way of court proceedings to protect data rights and freedoms as guaranteed under GDPR. The case will return to the Irish High Court later this week.
Later on, in an X-post responding to the order sought by the DPC, X expressed deep concern, deeming the order unwarranted and overbroad. The platform believes the order unfairly singles out X without valid justification and could potentially impact their ability to offer services in the EU. X has highlighted its proactive engagement with regulators, including the DPC, concerning the use of public data for AI models. X intends to challenge the order through all available means, reaffirming their dedication to protecting people's privacy.
In a significant development on Thursday, 8 August 2024, the DPC welcomed the decision by X to halt the processing of personal data from the public posts of its EU/EEA users to train its Grok AI model between 7 May and 1 August. The agreement followed an urgent High Court application to safeguard data subjects' rights and freedoms initiated by the DPC under Section 134 of the Irish Data Protection Act 2018 on Tuesday. The DPC highlighted that this was the first time that a data protection authority has taken such action and the initial exercise of the DPC's powers under Section 134 and was a result of extensive discussions between the DPC and X regarding its AI model training.
In response to the decision, DPC Commissioner Dr Des Hogan said: "My colleague, Commissioner Dale Sunderland, and I welcome X’s agreement to suspend processing while the DPC, working in conjunction with our EU/EEA peer regulators, continue to examine the extent to which the processing complies with the GDPR. One of our main roles as an independent regulator and rights based organisation is to ensure the best outcome for data subjects and today’s developments will help us to continue protecting the rights and freedoms of X users across the EU and EEA. We will continue to engage with all data controllers to ensure the rights of our citizens under the EU Charter of Fundamental Rights and the GDPR are upheld."
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