In a recent development, TikTok has been granted permission by the High Court to challenge the Data Protection Commission (DPC) decision to fine the social media giant €345 million. The fine was imposed after an investigation into TikTok’s privacy settings and features, particularly concerning the protection of children’s privacy on the platform.

TikTok claims that the DPC’s decisions and findings are flawed, unconstitutional, and should be set aside. The platform is also seeking various declarations and orders against the DPC, as well as Ireland and the Attorney General, alleging that certain laws are incompatible with the Constitution and the Charter of Fundamental Rights of the European Union. The case will be heard in December, and TikTok has been given permission to seek a stay on the fine if necessary.

TikTok Challenges DPC’s €345m Fine in High Court

TikTok secures permission to challenge DPC’s €345m fine

In a significant development, TikTok has been granted permission by the High Court to challenge the Data Protection Commission’s (DPC) decision to fine it €345 million. The fine was imposed due to the alleged failure of the social media platform to adequately protect children’s privacy. TikTok now has the opportunity to contest the decision and present its case in court.

Background on the fine and investigation

The fine of €345 million was imposed on TikTok following an investigation by the DPC into the platform’s privacy settings and features. The investigation specifically focused on the processing of personal data of individuals under the age of 18. The DPC also examined the measures in place for age verification for users under 13 and their compliance with the General Data Protection Regulation (GDPR) obligations in Ireland. The investigation resulted in the decision to impose the substantial fine on TikTok.

TikTok Technologies Limited launches judicial review proceedings

TikTok Technologies Limited, the Irish-based subsidiary of TikTok, has initiated judicial review proceedings in response to the DPC’s decisions and findings. The company seeks various orders and declarations against the DPC, as well as Ireland and the Attorney General. TikTok alleges that the DPC’s actions are flawed, in breach of its rights, and unconstitutional. It is requesting that the decisions and findings be set aside.

Claims against the DPC’s decisions and findings

TikTok’s legal challenge is based on several claims regarding the DPC’s decisions and findings. The company alleges that the DPC acted outside its powers and made errors in law during the investigation. It also argues that the DPC’s decision was made without fair procedures, due process, and consideration of TikTok’s constitutional rights.

TikTok further claims that the DPC improperly extended the scope of the inquiry and failed to provide the platform with an oral hearing or provisional views on the breaches of GDPR. Additionally, TikTok asserts that the imposed fine is disproportionate and that the DPC did not provide adequate reasons for its decision.

Seeking declarations on the compatibility of data protection legislation

In its legal challenge, TikTok is seeking various declarations from the court. It requests a declaration that certain sections of the 2018 Data Protection Act, which gives individuals control over their personal data, are incompatible with the Irish Constitution and the Charter of Fundamental Rights of the European Union. TikTok also seeks a declaration that these sections, along with the 2016 EU Regulation on GDPR, are incompatible with the Charter and the European Convention on Human Rights.

Possibility of referring preliminary issues to the Court of Justice of the European Union

If deemed necessary, TikTok is prepared to request the court to refer certain preliminary issues in the case to the Court of Justice of the European Union for determination. This highlights the complexity and significance of the legal arguments involved in challenging the DPC’s decisions. TikTok is determined to ensure a fair and comprehensive resolution to the case, even if it necessitates involvement at the European level.

Allegations of the DPC’s procedural failures

One of the key aspects of TikTok’s challenge is the assertion that the DPC failed to follow proper procedures during the investigation and decision-making process. TikTok claims that it was not given an opportunity for an oral hearing and that the DPC did not provide detailed provisional views on the breaches of GDPR. These alleged procedural failures raise concerns about the fairness and transparency of the DPC’s actions and contribute to TikTok’s argument that the decisions should be set aside.

Claim of disproportionate fine and lack of adequate reasons

TikTok maintains that the €345 million fine imposed by the DPC is disproportionate and lacks sufficient justification. The company argues that the magnitude of the fine is not commensurate with the alleged breaches of GDPR. TikTok further asserts that the DPC failed to provide adequate reasons for the decision to impose such a substantial penalty. The lack of detailed justification for the fine raises questions about the proportional response to the alleged privacy violations.

Granting of permission to TikTok by the High Court

In a positive development for TikTok, the High Court has granted the company permission to bring its legal challenge against the DPC’s decisions. This indicates that the court recognizes the validity and importance of TikTok’s claims and is willing to allow a full examination of the issues raised. The granting of permission is a critical step towards a fair and thorough resolution of the case.

Adjournment and possibility of a stay on the fine

Following the granting of permission, the matter has been adjourned to a later date. This allows both TikTok and the DPC to prepare their respective cases and gather the necessary evidence. Additionally, the High Court has given TikTok permission to seek a stay on the €345 million fine, should circumstances require it. The possibility of a stay ensures that TikTok is not unduly burdened by the financial penalties while the legal challenge is ongoing.

In conclusion, TikTok’s permission to challenge the DPC’s €345 million fine in the High Court is a significant development in the ongoing dispute. The company asserts that the DPC’s decisions and findings are flawed and in violation of its rights.

Through judicial review proceedings, TikTok aims to have the decisions set aside and seeks declarations on the compatibility of data protection legislation. The case highlights the importance of protecting children’s privacy and ensuring that data protection regulations are effectively enforced.

The adjournment and possibility of a stay on the fine allow for a fair and comprehensive examination of the issues at hand. As the legal challenge progresses, the court’s decisions will have far-reaching implications for data protection and privacy rights not only in Ireland but also throughout the European Union.