High Court Twitter dispute over AI chatbot is resolved

The dispute centred around the DPC's concerns about the processing of personal data of millions of X's European users to train any of the respondent's artificial intelligence systems

The data was to be used for developing, refining and training the search service of the platform, known as Grok. Picture: Gabby Jones/Bloomberg

A High Court dispute between the operator of the 'X' social media platform and the Data Protection Commission over the use of personal data to train 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 artificial intelligence 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 7, 2024, and August 1, 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.

Mr McGrath said the undertaking was to replace a temporary one which had previously been offered to the court.

Counsel added the relevant data had 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 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 was processing data to train Grok was 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 Twitter International had 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 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 an application for such orders, which are being sought under the 2018 Data Protection Act, was made before the Irish courts.