X must grant researchers access to data on the Bundestag election

Legal success for the civil society organization "Democracy Reporting International" (DRI): In summary proceedings, the Berlin Regional Court has ordered Platform X to grant the organization unrestricted access to all publicly available data from X until shortly after the Bundestag elections. Experts from DRI want to investigate whether the social network is being used to influence elections in the run-up to the ballot on February 23. The lawsuit is based on the Digital Services Act (DSA).

According to the Gesellschaft für Freiheitsrechte (GFF), which supported the lawsuit filed on Monday, the district court justified its decision by stating that waiting any longer would thwart the research project. This is because the time immediately before the general election is crucial. X had refused to provide DRI with publicly accessible data such as reach or the number of likes and shares of posts.

The main issue in the proceedings was the right to access research data under Article 40 DSA. This obliges very large platforms to grant researchers immediate access to publicly available data on their platform, for example via an online interface (API), in order to investigate systemic risks. To this end, the operators are to share relevant information, for example on the training of algorithms, with authorities, researchers and civil society organizations so that they can review their working methods and contribute information to a situational picture.

"A strong signal for the protection of fundamental rights"

Last year, the EU Commission already demanded that 17 very large online platforms and search engines explain how they provide authorized researchers with the relevant access. The Brussels-based government institution sent a formal request for information to AliExpress, Amazon, Apple's AppStore, Bing, Booking.com, Facebook, Google, Instagram, LinkedIn, Pinterest, Snapchat, TikTok, YouTube and Zalando. No warning letters were sent to the platforms Wikipedia and X, which are also covered in principle. The Commission had already initiated infringement proceedings against the former Twitter at the end of 2023 – for alleged violations of data access requirements for researchers, among other things.

With the lawsuit, the GFF now sees open legal questions regarding the enforceability of this clause in Germany clarified. Simone Ruf, Deputy Director of the GFF's Center for User Rights, described the decision as a huge step forward for freedom of research "and our democracy". The court sends a "strong signal for the protection of our fundamental rights in the digital age". Michael Meyer-Resende, Managing Director of DRI, added: "The digital space is not a law-free zone and I trust that X will quickly grant us access to its data. We investigate such debates impartially in order to bring transparency to what happens on such platforms."

(nie)