X Appeals Berlin Court’s DSA Ruling on Data Access
X has announced plans to appeal the Berlin Regional Court’s decision mandating compliance with the Digital Services Act (DSA) by granting immediate data access to researchers. The ruling, which favors two German civil society organizations, Democracy Reporting International and Gesellschaft für Freiheitsrechte, is legally required under Article 40 of the DSA. X argues that the decision infringes on its right to due process, as it was not given adequate time to respond or comment on the case, and claims that the data access application lacked essential information.
X contends that the court’s decision jeopardizes user privacy and free speech on its platform. The company also raised concerns about a potential conflict of interest, as the judge who ruled on the case was previously associated with Gesellschaft für Freiheitsrechte, one of the organizations involved in bringing the case to court. This raises questions about the impartiality of the court’s decision, which demands that X provide data access to researchers before and shortly after the German elections on February 23.
To date, X has not granted the requested data access to researchers. According to Democracy Reporting International, their initial application for data access was submitted in May, followed by additional inquiries from X. In November, X rejected the application, stating that the proposed research did not align with systemic risk criteria. This contrasts with Democracy Reporting International’s successful data access applications to Meta and TikTok under Article 40 of the DSA.
The case highlights the ongoing tensions between digital platforms and regulatory requirements under the DSA, particularly concerning data access for research purposes. As X prepares to challenge the Berlin court’s ruling, the outcome could have significant implications for the enforcement of digital laws across the European Union.
