Dutch Court Orders X to Disclose AI Profiling Data to User
A Dutch court of appeal ordered X to disclose to user Danny Mekić the algorithmic labels and categories his account was tagged with, after he was shadowbanned in 2023 for sharing a news article. The ruling enforces GDPR rights to access personal data and how it is processed.
What happened
In October 2023, user Danny Mekić's Twitter account was shadowbanned—made invisible to others—after he shared a post linking to a news article containing the word 'kinderporno'. X did not notify him or explain the action.
Mekić invoked his rights under the EU's General Data Protection Regulation (GDPR) to demand access to his personal data and how it was processed. The Gerechtshof Amsterdam (Court of Appeal Amsterdam) ordered X to disclose the 'Guano Notes'—the labels and categories the algorithm uses to rank content on the platform.
Reported impact
X must provide complete access to the data within the Guano Notes concerning Mekić's account, excluding only the names of moderators and exact timestamps of actions. The court imposed a penalty of €4,000 per day for non-compliance.
Index analysis
X had argued that the Guano Notes contain trade secrets and that user access would enable misuse of the platform. The court reviewed the full data in camera and determined those objections did not withstand scrutiny.
This marks Mekić's fifth consecutive legal victory on the same issue, though he had not yet received actual access to his data at the time of the ruling.
Governance controls
Under GDPR, users have the right to access personal data and obtain information on how that data is processed, including visibility and ranking decisions. The court affirmed that X must respect this obligation.
Classification
Sources and evidence
This record was researched and written by the Index, based on the following original reporting.