Court Reverses Ruling on Data Access for Researchers from X

A Berlin court has reversed its earlier ruling requiring the platform X, formerly known as Twitter, to provide access to its data for research purposes. The decision comes in the wake of ongoing legal disputes between the organization Democracy Reporting International (DRI) and the social media service regarding data accessibility.

The initial injunction was issued by the Berlin District Court, which mandated that X grant researchers access to publicly available data on its platform. However, following a hearing in May, the court rescinded this temporary order, concluding that the urgency required for such a ruling was not sufficiently demonstrated.

DRI had sought comprehensive access to all data available on X to study political discourse on social media platforms in the lead-up to elections in EU member states. Citing the Digital Services Act (DSA), DRI argued that large online platforms like X are obligated to provide an API access for research purposes. Yet, X's delayed responses and requests for clarifications prompted DRI to set a deadline, threatening with a complaint under the DSA.

After multiple delays, DRI filed a second request for data access in January 2025, specifically focusing on the Bundestag elections. Frustrated by further inaction from X, DRI, with assistance from the Society for Civil Liberties (GFF), petitioned the Berlin court for an injunction. The court initially ruled in favor of DRI, ordering X to allow unrestricted access to its publicly available data.

In response, X lodged an appeal and also filed a motion to disqualify the judge associated with the injunction, arguing potential bias due to the judge's previous affiliation with the GFF. The Berlin District Court acknowledged the concerns regarding impartiality and reassigned the case.

As the legal proceedings unfolded, DRI ultimately requested to declare the case moot since the Bundestag elections had already occurred, thus making the original project irrelevant. DRI sought to shift the financial burden of court costs onto X.

X contended that the Berlin court lacked jurisdiction and argued that the injunction was improperly granted without a hearing. The court agreed with X, stating that DRI's request lacked sufficient grounds for urgency, leading to the dismissal of the injunction.

Despite the setback, DRI and GFF view the court's affirmation of German jurisdiction as a partial victory, allowing researchers to pursue legal action within their national courts when access to data is denied. DRI emphasized the importance of the ruling, highlighting that researchers can now seek redress without needing to engage with X's European headquarters in Ireland.

As a non-profit organization headquartered in Berlin, DRI focuses on enhancing democratic structures through research and advocacy in various countries, supported significantly by the German government and the European Union. The organization reported nearly EUR6.7 million in revenue for 2023, with substantial funding from the Foreign Office and the EU.