Elon Musk's X Platform Faces EU Complaint Over Alleged Misuse of Personal Data for Targeted Advertising

EU Complaint Filed Against X for Alleged Data Misuse

Elon Musk's social media platform X (formerly Twitter) is facing a formal complaint from nine civil society organizations over alleged breaches of the European Union's Digital Services Act (DSA). The complaint, filed with the European Commission and the French media regulator Arcom, accuses X of using sensitive personal data for targeted advertising, which is prohibited under the DSA 1

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Allegations and Evidence

The complaint is based on evidence compiled by AI Forensics, one of the organizations involved, using X's Ad Repository. The investigation uncovered instances where "major brands as well as public and financial institutions engaged in targeted online advertising" based on special categories of personal data, including political opinions, sexual orientation, religious beliefs, and health conditions 2

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Specific examples cited in the complaint include:

1. Total Energies allegedly running ads that excluded users who had engaged with keywords related to ecologist political figures.
2. McDonald's reportedly targeting ads to exclude X users who had interacted with keywords related to the company's trade union, antidepressants, and suicide 1

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Legal and Regulatory Context

The DSA, which came into force for large online platforms in late 2023, explicitly prohibits targeted advertising based on profiling using special categories of personal data. This complaint also raises concerns about potential violations of the General Data Protection Regulation (GDPR), particularly Article 9, which protects special categories of personal data 2

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Ongoing Investigations

The European Commission had already begun investigating X for alleged DSA breaches in December 2023. Preliminary findings published last summer suggested that the platform's use of blue checkmarks was deceptive and that it fell short on transparency and accountability requirements 1

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Implications and Next Steps

The complainants are urging both the national Digital Services Coordinators and the European Commission to investigate these potential breaches. If found in violation, X could face significant regulatory consequences under both the DSA and GDPR frameworks.

As of now, X, the European Commission, and Arcom have not immediately responded to requests for comment on these allegations 2

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. The outcome of this complaint and any subsequent investigations could have far-reaching implications for how social media platforms handle user data and targeted advertising in the European Union.