Recent Regulatory Developments in Training Artificial Intelligence Models Under the GDPR

By: Marcus Evans & Rosie Nance (Norton Rose Fulbright)

In 2024, many organizations are increasingly exploring how to leverage their data to launch or enhance AI programs. A common approach is to use this data to train AI models or refine third-party models. Often, this involves processing personal data, requiring compliance with the General Data Protection Regulation (GDPR) in the EU or UK.

X, formerly known as Twitter, recently attempted to train its AI chatbot, Grok, using data from user posts. However, following discussions with Ireland’s Data Protection Commission (DPC), the company agreed to suspend this data processing. This article examines the key events and offers considerations for data controllers when using personal data to train AI models.

On May 7, 2024, X introduced a new setting under ‘Settings and Privacy’ regarding Grok’s training. This setting, enabled by default, allowed users to opt out. Users were asked if they would “Allow your posts as well as your interactions, inputs, and results with Grok to be used for training and fine-tuning.”

Details on how to opt out are available on X’s website, which also notes that setting an account to private will prevent the use of posts for training Grok (only public posts are used).

In its privacy notice, X states: “We may use the information we collect and publicly available information to help train our machine learning or artificial intelligence models for the purposes outlined in this policy.” The company appears to rely on legitimate interests (Article 6(1)(f) of the GDPR) to process data for model training and provides further details on its legitimate interests assessment on its website.

The Irish DPC applied to the Irish High Court to compel X to suspend data processing for this purpose. The case was heard on August 8, 2024. X’s Global Government Affairs department has noted that the DPC’s order would affect all AI models at X, not just Grok…

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