DRI — with the support of the Society for Civil Rights and law firm Hausfeld — is now appealing to a higher Berlin court, which has set a hearing date of Feb. 17.
Sites including X are obliged to grant researchers access to data under the European Union’s regulatory framework for social media platforms, the Digital Services Act, to allow external scrutiny of how platforms handle major online risks, including election interference.
The European Commission fined X €40 million for failing to provide data access in December, as part of a €120 million levy for non-compliance with transparency obligations.
The lawsuit is the latest legal challenge to X after the researchers went down a similar path last year to demand access to data related to the German elections in February 2025. A three-month legal drama, which saw a judge on the case dismissed after X successfully claimed they had a conflict of interest, ended with the court throwing out the case.
The platform said that was a “comprehensive victory” because “X’s unwavering commitment to protecting user data and defending its fundamental right to due process has prevailed.”
The researchers also claimed a win: The court threw the case out on the basis of a lack of urgency, as the elections were well in the past, said DRI. The groups say the ruling sets a legal precedent for civil society groups to take platforms to court where the researchers are located, rather than in the platforms’ legal jurisdictions (which, in X’s case, would be Ireland).
X did not respond to POLITICO’s request for comment on Monday.