TIKTOK HAS SECURED permission from the High Court to challenge the Data Protection Commission’s “disproportionate” decision to fine it €345m for failing to protect children’s privacy on its social media site.

TikTok’s action is against the DPC’s decision to impose the fine following 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 platform was fined after the DPC initiated an investigation in September 2021 into certain processing of personal data of persons under the age of 18 years carried out by TikTok.

The DPC also looked into the technical and organisational measures in the form of age verification steps for person 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 GDPR.

The online video hosting service’s Irish-based subsidiary, TikTok Technolgies Limited, has launched judicial review proceedings, where it seeks various orders and declarations against both the DPC as well as Ireland and the Attorney General.

TikTok claims that the DPC’s decisions and findings against the social media service are flawed, in breach of its rights including its rights to a fair hearing, unconstitutional, and should be set aside.

TikTok also seeks various declarations from the court including that certain sections of the 2018 Data Protection Act – legislation the gives persons rights and control over their own personal data – are incompatible with the Constitution and the Charter of Fundamental Rights of the European Union.

It further seeks a declaration that the sections of the 2018 Act and the 2016 European Parliament and EU Council’s Regulation on 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 referred to the Court of Justice of the European Union for determination.

Represented by Declan McGrath SC, appearing with Emily Egan-McGrath SC TikTok claims that the DPC’s findings against it should be set aside on grounds including that the DPC acted outside of its powers, had 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.

It claims that the DPC unlawfully extended the scope of its inquiry into the allegations against the platform, and that it was not afforded a fair hearing by the commission.

TikTok claims that 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 the breaches of GDPR.

It is further claimed that the fine imposed was disproportionate, and that the DPC failed to provide adequate reasons for its decision to impose fines of €345m.

The platform’s application for leave to bring the action came before Ms Justice Niamh Hyland today. 

The judge, on an ex-parte basis, granted TikTok permission to bring its action.
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, should the need arise.