Overview
TikTok, the popular short video-sharing app, has been hit with a hefty $368 million fine by European regulators for violating data privacy rules and not adequately protecting children’s privacy. The Irish Data Protection Commission, which oversees privacy regulations for major tech companies in Dublin, issued the fine, amounting to 345 million euros. The violations date back to the latter half of 2020.
Default Account Settings and Risks to Minors
The investigation revealed that TikTok’s sign-up process for teenage users automatically set their accounts to public, allowing anyone to view and comment on their videos. This default setting posed a significant risk, especially for children under the age of 13 who accessed the platform despite not meeting the minimum age requirement.
Insufficient Parental Management Feature
TikTok’s “family pairing” feature, designed to enable parents to manage their children’s settings, was found to be insufficient. It allowed adults to activate direct messaging for users between the ages of 16 and 17 without their consent. Additionally, the platform directed teenage users towards more “privacy intrusive” options during the sign-up and video posting process.
TikTok’s Response
TikTok expressed its disagreement with the decision, particularly with the severity of the imposed fine. The company highlighted that most of the regulator’s criticisms were related to features and settings that had already been addressed several months prior to the investigation. TikTok had implemented changes in early 2021, such as setting all accounts for users under 16 to private by default and disabling direct messaging for 13- to 15-year-olds.
In a blog post, TikTok’s head of privacy for Europe, Elaine Fox, emphasized that the decision’s criticisms are outdated due to the measures implemented before the investigation began.
Delayed Decision and Criticism
The Irish regulator has faced criticism for not expediting investigations into major tech companies since the implementation of EU privacy laws in 2018. With respect to TikTok, regulators from Germany and Italy voiced their dissent with certain aspects of a draft decision issued a year ago, causing further delays in reaching a resolution.
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