The UK Data Protection Regulator Fines TikTok £12.7 Million

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to
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On
April
4,
2023,
the
data
protection
regulator
of
the
UK,
the
Information
Commissioner’s
Office
(ICO),

The UK Data Protection Regulator Fines TikTok £12.7 Million


Listen
to
this
post

On
April
4,
2023,
the
data
protection
regulator
of
the
UK,
the
Information
Commissioner’s
Office
(ICO),

issued

a
fine
of
a
£12.7
million
to
TikTok
Information
Technologies
UK
Limited
and
TikTok
Inc
(together,
“TikTok”)
for
a
number
of
breaches
of
UK
data
protection
law,
including
failing
to
use
children’s
personal
data
lawfully. 

In
summary,
the
ICO
found
that
TikTok
breached
the
UK
GDPR
between
May
2018
and
July
2020
by:

  • providing
    its
    services
    (i.e.,
    an
    information
    society
    service)
    to
    UK
    children
    under
    the
    age
    of
    13
    and
    processing
    their
    personal
    data
    without
    consent
    or
    authorization
    from
    their
    parents
    or
    carers;
  • failing
    to
    inform
    users
    of
    the
    platform
    about
    how
    their
    data
    is
    collected,
    used
    and
    shared
    in
    a
    way
    that
    is
    easy
    to
    understand,
    meaning
    users
    of
    the
    platform,
    in
    particular
    children,
    were
    unlikely
    able
    to
    make
    informed
    choices
    about
    whether
    and
    how
    to
    engage
    with
    it;
    and
  • failing
    to
    ensure
    that
    the
    personal
    data
    of
    its
    users
    was
    processed
    lawfully,
    fairly
    and
    in
    a
    transparent
    manner.

The
UK
Information
Commissioner,
John
Edwards,
stated
that
TikTok
should
have
known
better.
TikTok
should
have
done
better.
Our
£12.7m
fine
reflects
the
serious
impact
their
failures
may
have
had.
They
did
not
do
enough
to
check
who
was
using
their
platform
or
take
sufficient
action
to
remove
the
underage
children
that
were
using
their
platform
.”

This
fine
follows
the

initial
notice
of
intent

which
was
issued
to
TikTok
in
September
2022
for
a
fine
of
£27
million.
The
fine
was
reduced
following
representations
from
TikTok
to
the
ICO
which
resulted
in
the
ICO
not
pursuing
the
earlier
finding
related
to
unlawful
use
of
special
category
data.

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