TikTok can pursue challenge to €345m fine by Irish data commission over children’s privacy

TikTok has secured permission from the High Court to challenge the Data Protection Commission’s “disproportionate” decision to fine it €345 million for failing to protect children’s privacy on its social media site.

The fine followed an investigation into the social media platform over how some of its privacy settings and features complied with obligations under the EU’s General Data Protection Regulation (GDPR).

The DPC initiated a probe in September 2021 into certain processing of personal data of people under the age of 18 by TikTok.

The DPC also looked into verification steps for users under 13 years of age in relation to the processing of personal data on the platform and if such measures complied with Ireland’s obligations under the GDPR.

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The video hosting site’s Irish-based subsidiary, TikTok Technologies Limited, has launched judicial review proceedings seeking various orders and declarations against the DPC, Ireland and the Attorney General.

[ TikTok fights back over €345m DPC privacy fine ]

TikTok claims the DPC’s decisions and findings should be set aside as they are flawed, unconstitutional and in breach of its rights, including its right to a fair hearing.

TikTok also wants the court to declare that certain sections of the 2018 Data Protection Act, which gives people rights and control over their own data, are incompatible with the Constitution and the Charter of Fundamental Rights of the European Union.

It further seeks a declaration that sections of the 2018 Act and the EU’s 2016 GDPR are incompatible with the Charter and European Convention on Human Rights.

If necessary, the applicant seeks an order referring certain preliminary issues in the case to the Court of Justice of the European Union for determination.

Represented by Declan McGrath SC and Emily Egan-McGrath SC, TikTok claims the DPC acted outside of its powers, erred in law and had regard to irrelevant considerations before arriving at its decision.

It is also claimed that the DPC’s decision was made in the absence of fair procedures, due process and TikTok’s constitutional rights.

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[ TikTok seeks permission to erect 15 CCTV cameras outside Dublin head office ]

It claims the DPC unlawfully extended the scope of its inquiry into the allegations against the platform.

TikTok claims it was not given an oral hearing by the DPC and that there was a failure by the DPC to provide the platform with its provisional views in respect of breaches of the GDPR.

It is further claimed the fine imposed was disproportionate.

The platform’s application for permission to pursue the action through the High Court came before Ms Justice Niamh Hyland on Monday.

The judge, on an ex-parte basis, granted TikTok leave to bring the case.

The matter was adjourned to a date in December.

The judge also gave the applicant permission to seek to have a stay on the fine, if needed.