THE OPERATOR OF X, previously known as Twitter, has given an undertaking to the High Court to temporarily cease processing the personal data of its European users to train any of its Artificial Intelligence systems.

The undertaking, which relates to the processing of data in public posts on the platform between 7 May last to 1 August, was given in proceedings taken against Twitter International Unlimited Company by the Data Protection Commission.

The action is being taken over the regulator’s concern about how the personal data of millions of X’s European users is being processed to train the respondent’s AI systems, including its search tool known as Grok. 

The undertaking, which is to remain in place until the matter returns before the court in September, was given before Ms Justice Leonie Reynolds in a hearing today.

The undertakings were given by Shelly Horan Bl for Twitter, who said that the processing of the relevant data will cease tomorrow morning at 10.30am.

The court also heard Twitter say that if granted, the “draconian” orders being sought by DPC would prevent the social media platform from carrying out the essential functions that are required for the provision of the X platform in the European Union and European Economic Area.  

It is fully opposing the DPC applications for orders.  

The judge welcomed the undertaking, which she said met the requirements of protecting the GDPR rights of ‘X’ users.

Earlier in the proceedings the judge said she was reluctant to grant Twitter an adjournment, which it claimed it required to fully respond to the DPC’s action, over concerns about when ‘X’ users were given the option to “opt-out” of having their personal data processed to train the AI systems.

The judge said the processing of the relevant data by Twitter commenced last May. 

She noted Twitter’s claim that at that point in time users were able to object to their data being processing by setting their account to private or by direct contact with the respondent. 

However, it was not until mid-July that Twitter put an additional “bespoke opt-out” in place, to enhance the existing opt out mechanism. 

The judge said that Twitter, which claims it is fully compliant with its GDPR obligations, had admitted in recent correspondence to the DPC that due to “a technical mistake” the bespoke function was not rolled out to all X users immediately. 

The Judge said that after considering this information the court required “a certain form of undertaking” before any adjournment of the DPC’s application could be granted.      

In its proceedings the DPC, represented by Remy Farrell SC and David Fennelly Bl, instructed by Philip Lee Solicitors seek 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, the DPC claims, would be utilised by users of Twitter’s enhanced search tool being provided to Premium and Premium + users of the platform, under the name ‘Grok’.

Counsel asked the court to consider its application for order, which he said was now urgent following correspondence from Twitter where it had confirmed when it had commenced processing the data in mid to early May. 

It is the first time that an application for such orders, which are being sought under the 2018 Data Protection Act, has been made before the Irish courts.  

In addition, and to clarify the lawfulness of Twitter International’s processing of users’ data, the DPC intends to refer the matter to the European Data Protection Board for consideration.

In reply, Shelly Horan Bl, instructed by A&L Goodbody solicitors for Twitter, said that her side needed time to reply to all of the DPC claims, which her client will fully oppose.

The issues raised in the case, were factually and legally complex, counsel said. 

The nature of the orders sought were wide and far reaching, she added and if granted could result in Twitter being unable to provide its X account services to users in the EU/EEA, counsel said. 

Counsel said that before the proceedings were launched her side had been in lengthy correspondence with the DPC over its proposals to use personal data from European X users to train its AI systems. 

Counsel said her client’s position is that it has always been GDPR compliant and has offered its users the option to opt-out of having their data used to train AI from when the start.

The opt-out measures were later further enhanced, counsel added. 

In addition, only a small amount of users’ data has been used to train the Grok AI. 

Less than 0.001% of the public posts of European users have been used to train the AI system to date. 

In its action the DPC claims that the way 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. 

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, 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.’

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.

The judge adjourned the matter to a date in September.