Data Protection Commission investigates X over ‘nudification’ of images via Grok

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The State’s data privacy watchdog has opened an inquiry into social media company X over potential breaches linked to the “nudification” of images through its AI chatbot Grok.

X, which has its European headquarters in Dublin, came under scrutiny in recent weeks after Grok was used to digitally undress images of people, including women and children, without their consent and share them on the platform.

The investigation by the Data Protection Commission (DPC) follows continuing engagement between X Internet Unlimited Company (XIUC) and the DPC on the matter.

The DPC said it had opened an inquiry into X under section 110 of the Data Protection Act 2018. This will focus on whether the company has breached the European Union’s GDPR rules under several articles, including Article 5, which deals with principles of processing; Article 6 (lawfulness of processing); Article 25, which mandates that the privacy of individuals should be built in at the start of every project and product; and Article 35, which requires a data protection impact assessment be carried out.

X has been notified of the inquiry.

“The DPC has been engaging with XIUC since media reports first emerged a number of weeks ago concerning the alleged ability of X users to prompt the @Grok account on X to generate sexualised images of real people, including children,” deputy commissioner Graham Doyle said.

“As the lead supervisory authority for XIUC across the EU/EEA, the DPC has commenced a large-scale inquiry, which will examine XIUC’s compliance with some of their fundamental obligations under the GDPR in relation to the matters at hand.”

The investigation is likely to take several months to conclude.

In response to the backlash from regulators and government figures, X made a number of changes to Grok’s image editing features, including limiting the feature to paid subscribers. However, after the UK’s media watchdog Ofcom began an investigation into X, the platform said it would no longer allow users to edit images of real people in revealing clothing in areas where it is illegal.

X could be facing hefty fines if the commission finds against it, with possible penalties of up to 4 per cent of total global annual turnover or €20 million, whichever is higher, in the case of severe breaches.

The Elon Musk-owned platform is facing action on a number of fronts over its AI chatbot. Last month the European Commission opened a formal investigation into X and Grok over the “nudification” feature under the Digital Services Act, which was designed to introduce guardrails and tackle illegal content published on online platforms.