TikTok granted permission to challenge €345 million children’s privacy fine

The social media giant was handed a fine after a lengthy investigation for allegedly mishandling the data of some of its youngest users.

However, the High Court has now granted TikTok the permission to challenge the €345 million fine handed to them by the Data Protection Commission, who believe that the social media platform’s privacy settings and features do not comply with the EU’s General Data Protection Regulation (GDPR) rules.

The DPC began an investgation into TikTok’s alleged mishandling of sensitive data of those 18 years and younger starting in September 2021.

TikTok’s Irish-based subsidary, TikTok Technologies Limited, have launched judicial review proceedings where it seeks orders and declarations against the DPC, The Attorney General, and Ireland itself – claiming that the findings and declarations from the DPC are incorrect and are in breach of the corporation’s rights.

The multi-billion euro corporation insist that the DPC acted outside of its powers and neglected standard procedures while carrying out the investigation. They also stated that they were not given the opportunity to defend themselves via an oral hearing or any other means with which to present their own point of view.

The fine itself of €345 million was also challenged, with TikTok claiming that it was ‘disproportionate’ and that they were not given adequate reasons as to why that figure was imposed.

TikTok are also seeking delcarations from the court, among others, regarding parts of the 2018 Data Protection Act, insisting that this legislation is incompatible with the constitution as well as the Charter of Fundamental Rights of the EU.

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