On November 15, 2024, social network X (formerly Twitter) will implement updates to its Terms of Service and Privacy Policy that, among other things, authorize the use and disclosure of user information for the purposes of training artificial intelligence (AI) models belonging to the platform provider or third parties.

The relevant updates to X’s Terms of Service state that by “…submitting, posting or displaying Content on or through the Services…” on X, the user grants the platform provider a licence that “…includes the right for us to (i) analyze text and other information you provide and to otherwise provide, promote, and improve the Services, including, for example, for use with and training of our machine learning and artificial intelligence models, whether generative or another type…”.  The term “Content” is broadly defined to include “any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on” the platform provider’s services, which allows the platform provider to use a wide range of information to train its AI models.

X’s updated Privacy Policy will also take effect on November 15, 2024, and includes its own authorizations for AI.  Although the current version of the Privacy Policy already mentions that the platform provider uses the information it collects on the platform to train its AI models, the policy’s updated wording adds that user data may be shared with third parties that use the information for their own purposes “including, for example, to train their artificial intelligence models, whether generative or otherwise”.  However, the Privacy Policy mentions that users may use an opt-out mechanism in the platform’s settings.

X is not alone in updating its policies to train AI models on user data, joining other social media platforms that have taken similar action (for example, see LinkedIn’s recently updated privacy policy).

The full text of X’s updated Terms of Service and Privacy Policy can be found here and here, respectively.

Summary By: Imtiaz Karamat

 

E-TIPS® ISSUE

24 11 13

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.