Users can join free collective action against X for data protection violations

This could be expensive for Elon Musk: On Wednesday, the Federal Office of Justice (BfJ) published a class action lawsuit filed by the Dutch Foundation for Market Information Research (Somi) against the US company boss's social media platform X in the relevant register of lawsuits on its website. Consumers and small businesses can register their claims – if they are the subject of the lawsuit – by making an entry in the register. This is free of charge. There is also no risk of legal costs for those affected who join the lawsuit.

The initiative, which began in February, aims to order X to pay registered current users and members of its predecessor Twitter damages of at least 750 euros each for data protection violations. If users are affected by one of the repeated data leaks on Twitter, at least another 250 euros is to be added. The Leipzig law firm Spirit Legal, which is representing Somi in court, expects that X will have to pay millions or even billions of euros in total.

Microtargeting, manipulation and data leaks

As a non-profit organization, Somi's redress action is directed against the defendant's "unlawful business practice of deliberately abusing its data power to influence political opinions, deepen social divides and undermine democratic processes". X uses a system of political microtargeting that analyzes particularly sensitive data, for example on sexuality, political views, physical and mental health and religious attitudes. The aim is to influence users with tailored messages. The result of this "subversive attack on democracy" is the worldwide strengthening of authoritarian regimes.

According to the complaint, X also engages in "comprehensive, secret tracking of its users" – across third-party sites. The information collected is used for advertising purposes and to create comprehensive personality profiles without informing those affected in a transparent manner or obtaining effective consent. In addition, the defendant jeopardizes the security of sensitive information to a particularly critical extent through data breaches and leaks. X is obviously "unable or unwilling" to adequately protect users' personal data. This puts "millions of people at risk of identity theft, targeted manipulation and government surveillance". Somi has filed another collective action against TikTok, but the BfJ has not yet included it in the register.

(wpl)