LONDON — The U.K.’s data protection watchdog has opened a formal investigation
into Elon Musk’s companies X and xAI, over the use of personal data by the Grok
AI system to generate a flood of sexualized deepfakes.
In a statement on Tuesday, the Information Commissioner’s Office said the
“reported creation and circulation of such content raises serious concerns under
U.K. data protection law and presents a risk of significant potential harm to
the public.”
“These concerns relate to whether personal data has been processed lawfully,
fairly and transparently, and whether appropriate safeguards were built into
Grok’s design and deployment to prevent the generation of harmful manipulated
images using personal data,” it said.
The formal investigation follows an announcement last month that the ICO was
seeking urgent information from X and xAI, amid widespread reports that Grok had
been used to generate sexualized images of children and adults.
William Malcolm, executive director for regulatory risk and innovation at the
ICO, said the reports about Grok “raise deeply troubling questions about how
people’s personal data has been used.”
“Losing control of personal data in this way can cause immediate and significant
harm. This is particularly the case where children are involved,” Malcolm said.
“Where we find obligations have not been met, we will take action to protect the
public.”
While the ICO’s investigation will focus on X and xAI’s compliance with U.K.
data protection law, Malcolm said it would work closely with other regulators in
the U.K. and abroad that are also investigating the issue.
Ofcom, the U.K.’s communications regulator, opened a formal investigation into X
last month under the Online Safety Act. That investigation is ongoing, Ofcom
said on Tuesday. It is progressing “as a matter of urgency” but could take
“months,” Ofcom added, noting that it must follow a “fair process” and “it would
not be appropriate to provide a running commentary.”
Ofcom also said it is not currently investigating xAI, which provides the
standalone Grok AI tool, noting that “it can only take action on online harms
covered by the [OSA].” The act does not apply to AI tools which do not involve
searching the internet, interacting with other social media users, or generating
pornography, it said.
The U.K.’s Technology Secretary Liz Kendall has previously said she is assessing
options to address “gaps” in the OSA.
The European Commission announced its own probe into X last month, while French
authorities searched X’s offices in Paris on Tuesday as part of their own
criminal investigation into Grok, POLITICO reported.
X did not immediately respond when contacted for comment.
Tag - Cybersecurity and Data Protection
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BRUSSELS — The European Union is pressing ahead with talks to grant United
States border authorities unprecedented access to Europeans’ data, despite
growing concerns about American surveillance.
The European Commission is brokering a deal to exchange
information about travelers, including fingerprints and law enforcement
records, so the U.S. can determine if they “pose a risk to public security or
public order,” according to official documents.
Commission officials flew to Washington last week for the first round of
negotiations, according to two people familiar with the matter.
The Trump administration’s request for deeper access comes after the U.S. border
agency in December proposed reviewing five years of social media history. Talks
are happening as the U.S. Immigration and Customs Enforcement (ICE) service is
under heavy scrutiny for its use of surveillance technology against protesters
in cities such as Minneapolis.
The negotiations should be “put on hold” until the security and privacy of
citizens in the EU and U.S. can be guaranteed, liberal European Parliament
member Raquel García Hermida-van der Walle said in an interview.
Romain Lanneau, a legal researcher with surveillance watchdog Statewatch, said
police databases in Europe could contain information on anyone from protesters
to journalists who might be considered a “threat,” and that — under the deal
being discussed — this information would be at the fingertips of U.S. border
authorities who could refuse those people entry to the United States or even
detain them.
European regulators are “very cautiously looking at what’s happening in the
United States,” Wojciech Wiewiórowski, the EU’s in-house data protection
supervisor, told POLITICO. Europe “has to be careful” about how it allows the
data of Europeans to flow to the U.S., he said.
Hermida-van der Walle in January co-signed a letter by six prominent lawmakers
calling on the Commission to stand down given the “current geopolitical
context,” despite Washington’s admonition that failure to reach a deal will mean
Europeans lose access to its visa waiver program.
UNPRECEDENTED ACCESS
The U.S. is seeking access to information including biometric data such as
fingerprints that is stored on national databases in European countries,
according to an explanatory note sent to national experts. The data would be
used to “address irregular migration and to prevent, detect, and combat serious
crime and terrorist offences,” the note said.
In an earlier opinion on the deal, the European Data Protection Supervisor
(EDPS) — a watchdog that advises the Commission on privacy policies — noted the
deal would be the first of its kind to enable “large-scale sharing of personal
data … for the purpose of border and immigration control” with a non-EU country.
The Commission would negotiate a framework deal that would serve as a template
for bilateral agreements called Enhanced Border Security Partnerships (EBSPs),
which national governments agree with Washington. EU countries in December
signed off on the Commission’s request to start talks with the U.S.
Washington is pressuring its EU counterparts by imposing a deadline for the
bilateral deals to be agreed by the end of 2026. If countries fail to reach a
deal with the U.S. they risk being cut from the latter’s visa waiver program.
The U.S has made it mandatory for all countries that are part of the visa waiver
program to have an EBSP in place.
“The pressure which the United States is extorting on our member states, the
threats that if you don’t agree with this we will cancel your access to the visa
waiver program, that is an element of blackmail that we cannot let go,”
Hermida-van der Walle said.
The EDPS watchdog has cautioned that the scope of data sharing should be as
narrow as possible, with clear justifications for every query; transparency
around how the data is used; and judicial redress available in the U.S. for any
person.
Commission spokesperson Markus Lammert emphasised at a recent press briefing
that the framework being negotiated will involve “clear and robust safeguards on
data protection,” and will ensure “a non-systematic nature of the information
exchange and that the exchange is limited to what is strictly necessary to
achieve the objectives of this cooperation.”
US PRIVACY UNDER PRESSURE
Access to the data is the latest issue putting pressure on a troubled
relationship between the U.S. and the EU on data privacy.
Since whistleblower Edward Snowden in 2013 revealed U.S. mass surveillance
practices affecting Europeans, the EU has tightened controls on how Washington
handles Europeans’ data.
Since the return of Donald Trump as president last year, officials and rights
groups have deplored a move by the U.S. administration to gut a key privacy
watchdog tasked with overseeing privacy safeguards in place to protect
Europeans.
The Trump administration has also been ramping up mass
surveillance of citizens by federal agencies like ICE, including through
contracts with Israeli spyware company Paragon, surveillance giant Palantir and
other firms.
Capgemini, a prominent French IT firm, on Sunday said it was selling off its
American activities after it faced political backlash from the French government
that its software was being used by ICE authorities.
Civil rights groups, lawmakers and other watchdogs fear the new EU-U.S. data
sharing deals would add to backsliding on privacy rights.
“The current initiatives are being presented as toward counter-terrorism, but a
lot of them are actually adopted for the chilling effect [on political
activism],” Statewatch’s Lanneau said.
Hermida-van der Walle, the liberal lawmaker, warned: “If people have to go to
the United States, if it’s not a choice but something that they have do, there
is a risk of self-censoring.”
“This comes from an administration who claims to be the biggest defender of free
speech. What they’re doing with their actions is curtailing the possibility of
people to express themselves freely, because otherwise they might not get
access into the country,” she said.
The Netherlands’ incoming government wants to push Europe toward a tighter
intelligence-sharing club — including what it calls a potential “European
equivalent” of the Five Eyes alliance — as part of a broader overhaul of its
security services.
The new coalition argues, in its governing plans published Friday, that rising
threats require faster and more proactive intelligence agencies while preserving
the country’s tradition of operating under strict rule-of-law safeguards.
The proposals include boosting funding and digital infrastructure for the
civilian intelligence agency (AIVD) and military intelligence service (MIVD),
and strengthening the role of the national counterterrorism coordinator.
At the European level, The Hague says it wants to intensify cooperation with a
core group of like-minded countries, explicitly floating a continent-wide
version of the “Five Eyes” intelligence partnership (which is made up of
Australia, Canada, New Zealand, the U.K., and the U.S.).
In October, the heads of the two Dutch agencies announced they would stop
sharing certain information with their U.S. counterparts, citing political
interference and human rights concerns. Instead they would look at increasing
cooperation with other European services, like the U.K., Poland, France, Germany
and the Nordic countries.
Domestically, the government plans to fast-track a revamped Intelligence and
Security Services Act, rewriting the law to focus on threats rather than
specific investigative tools and making it “technology-neutral” so agencies are
not outpaced by innovation. Supervisory bodies would be merged to provide
streamlined, but legally robust, oversight.
The agenda also calls for expanding the operational research capacity of Dutch
intelligence services to help build Europe’s “strategic autonomy,” while
deepening ties with tech firms and recruiting top technical talent.
BRUSSELS — An identity tool that underpins the digital lives of Dutch people and
has partly fallen into American hands is prompting the country to reconsider its
reliance on U.S. technology.
In the Netherlands, almost every citizen regularly uses the online
identification tool DigiD to book a doctor’s appointment, buy a house or access
online public services.
With a Dutch supplier of the tool in the process of being acquired by a U.S.
technology company, that’s prompting concerns that the Netherlands is giving
away critical technology at a moment of heightened sensitivity around the
country’s wholesale use of American services.
As Dutch lawmakers in the parliament’s digital affairs committee met Tuesday to
debate the issue, they received a petition signed by 140,000 people calling on
the government to block the acquisition.
“If the Dutch government does something that [U.S. President Donald] Trump
doesn’t like, he can shut down our government with one push of a button,” the
petition reads. “That’s a big danger.”
The debate over DigiD has put the spotlight on a topic that has been simmering
for a while.
With the Netherlands a long-time proponent of the transatlantic relationship,
Dutch society is built on U.S. technology and IT services — as is the country’s
government. That’s now seen as a glaring security issue as Trump fires off
threats toward Europe.
Two-thirds of the domain names of Dutch governments, schools and other critical
companies rely on at least one U.S. cloud provider, research by the Dutch public
broadcaster showed Sunday, with Microsoft the frontrunner.
“We are the most Microsoft-loving country of the whole world,” said Bert Hubert,
a Dutch cybersecurity expert and former intelligence watchdog. “The Dutch
government uses more Microsoft than the U.S. government.”
OMNIPRESENT
Questions over DigiD’s relationship with U.S. technology started in early
November.
U.S. cloud provider Kyndryl, a recent spin-off of the well-known U.S. tech
company IBM, announced at the time that it would acquire Dutch cloud provider
Solvinity. That company doesn’t own the online identification tool DigiD but
provides the platform on which it runs.
To Dutch people, DigiD is ubiquitous in their lives. “Every time you want to
rent a house in the Netherlands, make an appointment with the doctor or do
something in the hospital, you have to go through DigiD,” Hubert said.
Potential U.S. control over such an omnipresent tool triggered fierce pushback.
Last year the International Criminal Court, based in The Hague, ditched
Microsoft as a service provider amid concerns about U.S. sanctions targeting the
court. | Erik S. Lesser/EPA
Putting vital digital infrastructure in American hands “raises Dutch
vulnerability for outages, manipulation or even blackmail,” a group of experts,
among them Hubert, said in a letter their lawyers sent mid-January to the
ministry service in charge of scrutinising acquisitions.
The acquisition could also endanger the security of Dutch people’s sensitive
personal data, lawmakers and experts argue.
“The risk is that it falls under the U.S. Cloud Act, which says that it doesn’t
matter if data is hosted on EU soil, but if the service is done by a U.S.
company, then the [U.S.] government can ask for that data,” said Barbara
Kathmann, lawmaker of the GreenLeft-Labour party and expert in digital affairs.
The Dutch Economy Ministry is now looking into the deal and whether it raises
national security concerns, a ministry representative said in the Dutch
parliament last week.
Kyndryl said in a statement that it “always lived up to relevant Dutch and
European requirements for the security of customers’ data and will continue to
comply with existing obligations of Solvinity to its customers.”
CAUTIONARY TALE
The Solvinity acquisition has put the spotlight on a topic that has been
simmering for a while.
Last year the International Criminal Court, based in The Hague, ditched
Microsoft as a service provider amid concerns about U.S. sanctions targeting the
court.
The ICC case and the Solvinity acquisition should serve as a cautionary tale for
Europe to start mapping its reliance on the U.S. and nurturing European
alternatives, said Sarah El Boujdaini, a lawmaker for the centrist D66 — the
party of the incoming prime minister Rob Jetten.
“We need to have a wider look at where our most vulnerable dependencies are,
where we need to take back control, and where we need to procure more from
European companies,” said El Boujdaini.
That should include a particular focus on government services and services that
people access continually, several interviewees said.
“Traditional government services should not be outsourced to other countries,
especially not countries that are willing and have shown to be capable of
weaponizing those dependencies,” said Dutch liberal European Parliament lawmaker
Bart Groothuis.
“Of course [the government] should make use of the services of ICT providers,”
said Hubert, “but what you should not do is give a part of your society that you
depend on 24 hours a day to a company that can be acquired.”
BRUSSELS — The European Commission’s vice president Henna Virkkunen sounded the
alarm about Europe’s dependence on foreign technology on Tuesday, saying “it’s
very clear that Europe is having our independence moment.”
“During the last year, everybody has really realized how important it is that we
are not dependent on one country or one company when it comes to some very
critical technologies,” she said at an event organized by POLITICO.
“In these times … dependencies, they can be weaponized against us,” Virkkunen
said.
The intervention at the event — titled Europe’s race for digital leadership —
comes at a particularly sensitive time in transatlantic relations, after U.S.
President Donald Trump’s recent threats to take over Greenland forced European
politicians to consider retaliation.
Virkkunen declined to single out the United States as one of the partners that
the EU must de-risk from. She pointed to the Covid-19 pandemic and Russia’s
invasion of Ukraine as incidents that point to Europe’s “vulnerabilities.”
She said the U.S. is a key partner, but also noted that “it’s very important for
our competitiveness and for our security, that we have also our own capacity,
that we are not dependent.”
The Commission’s executive vice president for tech sovereignty swung behind the
idea of using public contracts as a way to support the development of European
technology companies and products.
“We should use public procurement, of course, much more actively also to boost
our own growing technologies in the European Union,” she said when asked about
her stance on plans to “Buy European.”
Those plans, being pushed by the French EU commissioner Stéphane Séjourné, in
charge of European industy, to ensure that billions in procurement contracts
flow to EU businesses, are due to be outlined in an upcoming Industrial
Accelerator Act that has been delayed multiple times.
“Public services, governments, municipalities, regions, also the European
Commission, we are very big customers for ICT services,” Virkkunen said. “And we
can also boost very much European innovations [and startups] when we are buying
services.”
Virkkunen is overseeing a package of legislation aimed at promoting tech
sovereignty that is expected to come out this spring, including action on cloud
and artificial intelligence, and microchips — industries in which Europe is
behind global competitors.
When asked where she saw the biggest need for Europe to break away from foreign
reliance, the commissioner said that while it was difficult to pick only one
area, “chips are very much a pre-condition for any other technologies.”
“We are not able to design and manufacture very advanced chips. It’s very
problematic for our technology customer. So I see that semiconductor chips, they
are very much key for any other technologies,” she said.
Germany and Italy on Friday backed an organization dedicated to fighting hybrid
threats and disinformation, weeks after the United States exited it and called
it “wasteful.”
Since the start of the war in Ukraine, Russia has hammered Europe with hybrid
attacks ranging from cyberattacks, destruction of property and transport links,
disinformation, drone incursions and even attempted assassinations. Analysts
argue the aim of the hybrid campaign is to reduce European support for Ukraine.
Italian Prime Minister Giorgia Meloni and German Chancellor Friedrich Merz met
in Rome to adopt a “plan of action for strategic bilateral and EU cooperation.”
In the joint plan, the two countries committed to “strengthening” the European
Centre of Excellence for Countering Hybrid Threats.
The center was one of dozens of organizations from which U.S. President Donald
Trump withdrew in early January on the grounds that they were “wasteful,
ineffective, and harmful.”
Meloni and Merz committed to “exchange on hybrid threats, information resilience
and strategic communications,” as well as prioritizing a wide range of
cybersecurity policies such as the protection of critical infrastructure, cyber
capacity building projects and tackling cybercrime. They also said they will
“prioritize disruptive and dual-use technologies” for cyber defense.
The two European leaders also pushed to boost the EU’s intelligence-sharing
capacities, in particular the “hybrid fusion cell” within the EU Intelligence
and Situation Centre (EU INTCEN).
BRUSSELS — The U.S. and EU are hoping to attract $800 billion of public and
private funds to help rebuild Ukraine once Russia ends its full-scale invasion,
according to a document obtained by POLITICO.
The 18-page document outlines a 10-year plan to guarantee Ukraine’s recovery
with a fast-tracked path toward EU membership. The European Commission
circulated the plans with EU capitals ahead of the leaders’ summit Thursday
evening where the document, dated Jan. 22, was addressed, according to three EU
officials and diplomats who were granted anonymity to talk about the sensitive
topic.
While Brussels and Washington are lining up hundreds of billions of dollars in
long-term funding and pitching Ukraine as a future EU member and investment
destination, the strategy hinges on a ceasefire that remains elusive — leaving
the prosperity plan vulnerable as long as the fighting continues.
The funding strategy stretches until 2040 alongside an immediate 100-day
operational plan to get the project off the ground. But the prosperity plan will
struggle to attract outside investment if the conflict rumbles on, according to
the world’s largest money manager, BlackRock, which is advising on the
reconstruction plan in a pro-bono capacity.
“Think about it. If you’re a pension fund, you’re fiduciary towards your
clients, your pensioners. It’s nearly impossible to invest into a war zone,”
BlackRock’s vice chairman, Philipp Hildebrand, said Wednesday in an interview at
the World Economic Forum in Davos. “I think it has to be sequenced and that’s
going to take some time.”
The prosperity plan is part of a 20-point peace blueprint that the U.S. is
attempting to broker between Kyiv and Moscow. It explicitly assumes that
security guarantees are already in place and is not intended as a military
roadmap. Instead, it focuses on how Ukraine can transition from emergency
assistance to self-sustaining prosperity.
A three-way meeting between Ukraine, Russia and the U.S. will take place in Abu
Dhabi on Friday and Saturday, as the all-out conflict nears its fourth
anniversary. The U.S. is set to play a prominent role in Ukraine’s recovery.
Rather than framing Washington primarily as a donor, the document positioned the
U.S. as a strategic economic partner, investor and credibility anchor for
Ukraine’s recovery.
The note anticipates direct participation by U.S. companies and expertise on the
ground, and highlights America’s role as a mobilizer of private
capital. BlackRock’s chief executive, Larry Fink, has sat in on peace talks with
Kyiv alongside U.S. President Donald Trump’s son-in-law, Jared Kushner, and his
special envoy, Steve Witkoff.
SHOW ME THE MONEY
Over the next 10 years, the EU, the U.S. and international financial bodies,
including the International Monetary Fund and the World Bank, have pledged to
spend $500 billion of public and private capital, the document said.
The Commission intends to spend a further €100 billion on Kyiv through budget
support and investment guarantees, as part of the bloc’s next seven-year budget
from 2028. This funding is expected to unlock €207 billion in investments for
Ukraine. The U.S. pledged to mobilize capital through a dedicated U.S.-Ukraine
Reconstruction Investment Fund, but did not attach a figure.
While Trump has slashed military and humanitarian support to Ukraine during the
war, it showed willingness to invest in the country after the end of the
conflict. Washington said in the document that it will invest in critical
minerals, infrastructure, energy and technology projects in Ukraine.
But business is unlikely to boom before the eastern front falls silent.
“It’s very hard to see that happening at scale as long as you have drones and
missiles flying,” BlackRock’s Hildebrand said.
Kathryn Carlson reported from Davos, Switzerland.
China’s foreign ministry on Wednesday said a new European Commission proposal to
restrict high-risk tech vendors from critical supply chains amounted to “blatant
protectionism,” warning European officials that Beijing will take “necessary
measures” to protect Chinese firms.
Beijing has “serious concerns” over the bill, Chinese foreign ministry
spokesperson Guo Jiakun told reporters, according to state news agencies’
reports.
“Using non-technical standards to forcibly restrict or even prohibit companies
from participating in the market, without any factual evidence, seriously
violates market principles and fair competition rules,” Guo said.
The European Commission on Tuesday unveiled its proposal to revamp the bloc’s
Cybersecurity Act. The bill seeks to crack down on risky technology vendors in
critical supply chains ranging across energy, transport, health care and other
sectors.
Though the legislation itself does not name any specific countries or companies,
it is widely seen as being targeted at China. 5G suppliers Huawei and ZTE are in
the EU’s immediate crosshairs, while other Chinese vendors are expected to be
hit at a later stage.
European Commission spokesperson Thomas Regnier responded to the Chinese foreign
ministry, saying Europe has allowed high-risk vendors from outside the EU in
strategic sectors for “far too long.”
“We are indeed radically changing this. Because we cannot be naive anymore,”
Regnier said in a statement. The exclusion of high-risk suppliers will always be
based on “strong risk assessments” and in coordination with EU member countries,
he said.
China “urges the EU to avoid going further down the wrong path of
protectionism,” the Chinese foreign ministry’s Guo told reporters. He added the
EU bill would “not only fail to achieve so-called security but will also incur
huge costs,” saying some restrictions on using Huawei had already “caused
enormous economic losses” in Europe in past years.
European telecom operators warned Tuesday that the law would impose
multi-billion euro costs on the industry if restrictions on using Huawei and ZTE
were to become mandatory across Europe.
A Huawei spokesperson said in a statement that laws to block suppliers based on
their country of origin violate the EU’s “basic legal principles of fairness,
non-discrimination, and proportionality,” as well as its World Trade
Organization obligations. The company “reserve[s] all rights to safeguard our
legitimate interests,” the spokesperson said.
ZTE did not respond to requests for comment on the EU’s plans.
BRUSSELS — A new EU rule mandating that a higher proportion of passengers pass
through electronic identity border checks risks “wreaking significant discomfort
on travelers,” warned the head of the bloc’s airport lobby.
But a Commission spokesperson insisted that the electronic check system, which
first went into limited use in October with a higher proportion of travelers to
be checked from Friday, “has operated largely without issues.”
The new Entry/Exit System is aimed at replacing passport stamps and cracking
down on illegal stays in the bloc.
Under the new system, travelers from third countries like the U.K. and the U.S.
must register fingerprints and a facial image the first time they cross the
frontier before reaching a border officer. But those extra steps are causing
delays.
In October, 10 percent of passengers had to use the new system; as of Friday, at
least 35 percent of non-EU nationals entering the Schengen area for a short stay
must use it. By April 10, the system will be fully in place.
Its introduction last year caused issues at many airports, and industry worries
that Friday’s step-up will cause a repeat.
The EES “has resulted in border control processing times at airports increasing
by up to 70 percent, with waiting times of up to three hours at peak traffic
periods,” said Olivier Jankovec, director general of ACI Europe, adding that
Friday’s new mandate is “sure to create even worse conditions.”
Brussels Airport spokesperson Ihsane Chioua Lekhli said: “The introduction of
EES has an impact on the waiting time for passengers and increases the need for
sufficient staffing at border control,” adding: “Peak waiting times at arrival
(entry of Belgium) can go up to three hours, and we also saw an increase of
waiting times at departures.”
But the Commission rejected the accusation that EES is wreaking havoc at EU
airports.
“Since its start, the system has operated largely without issues, even during
the peak holiday period, and any initial challenges typical of new systems have
been effectively addressed, moreover with it, we know who enter in the EU, when,
and where,” said Markus Lammert, the European Commission’s spokesperson for
internal affairs.
Lamert said countries “have refuted the claim” made by ACI Europe of increased
waiting times and that concerns over problems related to the new 35 percent
threshold have been “disproven.”
That’s in stark contrast with the view of the airport lobby, which pointed to
recent problems in Portugal.
Under the new system, travelers from third countries like the U.K. and the U.S.
must register fingerprints and a facial image the first time they cross the
frontier before reaching a border officer. | iStock
“There are mounting operational issues with the EES rollout — the case in point
being the suspension of the system by the Portuguese government over the
holidays,” Jankovec said.
In late December, the Portuguese government suspended the EES at Lisbon Humberto
Delgado Airport for three months and deployed military personnel to bolster
border control capabilities.
ADR, which operates Rome Fiumicino Airport, is also seeing issues.
“Operational conditions are proving highly complex, with a significant impact on
passenger processing times at border controls,” ADR said in a written reply.
Spain’s hotel industry association asked the country’s interior ministry to beef
up staffing, warning of “recurring bottlenecks at border controls.”
“It is unreasonable that, after a journey of several hours, tourists should face
waits of an hour or more to enter the country,” said Jorge Marichal, the lobby’s
president.
The Spanish interior ministry said the EES is being used across the country with
“no queues or significant incidents reported to date.”
However, not all airports are having trouble implementing the new system.
The ADP Group, which manages the two largest airports in Paris, said it has “not
observed any chaos or increase in waiting times at this stage.”