TikTok granted permission to challenge €345 million fine

The Irish High Court has permitted TikTok to contest a €345 million fine imposed by the Irish Data Protection Commission (DPC). This fine followed an investigation by the DPC into TikTok’s handling of children’s privacy and adherence to the European Union’s General Data Protection Regulation (GDPR). TikTok’s subsidiary, TikTok Technologies Limited, based in Ireland, has initiated a judicial review process involving the DPC, the Irish government, and the Attorney General.

TikTok’s argument centers on the assertion that the DPC’s decisions are flawed and infringe upon its rights, including the right to a fair hearing. Consequently, TikTok is requesting various declarations, notably regarding the compatibility of specific sections of the 2018 Data Protection Act and the 2016 GDPR Regulation with the Constitution and the Charter of Fundamental Rights of the EU. TikTok stated that it is prepared to refer preliminary matters to the Court of Justice of the European Union (CJEU) for resolution if necessary.

Furthermore, TikTok contends that the DPC exceeded its authority, failed to follow proper procedures, and neglected to provide adequate justifications for the substantial fine. The case is expected to move forward, with a decision on whether the fine should be temporarily halted anticipated in December.

Why does it matter?

The outcome of this legal battle could set a precedent for how social media platforms handle children’s data and their adherence to data protection laws. It underscores the debate on corporate responsibility, especially concerning child safety and privacy on online platforms. The €345 million fine is substantial, and if it is overturned, it could have financial implications for both TikTok and regulatory bodies.