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News | Privacy


TIKTOK FACING FINES FOR VIOLATING CHILDREN’S PRIVACY

Posted: August 7, 2023 by Pieter Arntz

TikTok is looking at yet another fine...

The European Data Protection Board is expected to fine TikTok for violating the
privacy of young children within the next four weeks.

The European Data Protection Board said a binding decision has been reached over
TikTok's processing of children’s data, after the ByteDance-owned app submitted
legal objections to an earlier ruling in Ireland, the home of the company’s
European headquarters. The size of the fine is not yet known but will surely be
in the millions of Euros.

This proceeding started in 2021, when the Dutch DPA imposed a fine of € 750,000
($820,000) on TikTok. The main reason was that the information provided during
 the installation and usage of the app was in English and thus not readily
understandable, especially for children. Not offering their privacy statement in
Dutch was an infringement of privacy legislation by itself, because users have a
right to be given a clear idea of what happens with their personal data.

The results of the Dutch investigation were handed to the Irish Data Protection
Commission. Initially TikTok did not have its head office in Europe but in the
course of the Dutch investigation, TikTok established operations in Ireland. If
a company does not have its headquarters in Europe, any EU member state can
engage in oversight with regard to its activities. In the case of companies that
do have their headquarters in Europe, this responsibility would fall mainly to
the country where the headquarters are located.

The following investigation by the data protection commissioner in Ireland into
TikTok’s level of compliance with its general data protection regulation (GDPR)
and how it handles the data of children between the ages of 13 and 17, brought
to light problems regarding TikTok’s processing of children’s personal data, and
age verification measures for children under 13.

In April of 2023, TikTok was ordered to pay a fine of £12.7M ($15.6M) for
failing to protect 1.4 million UK children under the age of 13 from
accessing its platform in 2020. The Information Commissioner's Office (ICO), the
UK's data protection watchdog, imposed the fine after finding the company used
children's data without parental consent. According to the ICO, many children
were able to access the site despite TikTok setting 13 as the minimum age to
create an account. This exposed them to vulnerabilities and inappropriate
content. According to the ICO, the company may have used the data for tracking
and profiling purposes. It may have also presented children with content deemed
potentially harmful or inappropriate.

To improve compliance with new European Union regulations on content TikTok
announced a number of new features for European users:

 * Making it easier for EU users to report illegal content
 * Allowing them to turn off personalized recommendations for videos
 * Removing targeted advertising for users aged 13 to 17

The company stated:

 “We will continue to not only meet our regulatory obligations, but also strive
to set new standards through innovative solutions.”

In the US TikTok has received a lot of criticism in the last few years as well.
Among other things it's been called an "unacceptable security risk" by the
commissioner of the FCC and was accused of gathering data on people who don't
even use the app by a US consumer non-profit.

In April we explained what was going on and whether you had reasons to be
worried from an organizational standpoint. The risks of allowing TikTok on
corporate or hybrid devices very much depends on your threat model. While it is
understandable that governments, the military, or defense contractors are among
the first to ban TikTok from these devices, many other organizations are facing
a lot of threats that are a much greater concern.

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ABOUT THE AUTHOR

Pieter Arntz
Malware Intelligence Researcher

Was a Microsoft MVP in consumer security for 12 years running. Can speak four
languages. Smells of rich mahogany and leather-bound books.


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