ICO fines TikTok £12.7 million for misusing children’s data

4 Apr 2023 03:27 PM

The Information Commissioner’s Office (ICO) has issued a £12,700,000 fine to TikTok Information Technologies UK Limited and TikTok Inc (TikTok) for a number of breaches of data protection law, including failing to use children’s personal data lawfully. 

• More than one million UK children under 13 estimated by the ICO to be on TikTok in 2020, contrary to its terms of service.
• Personal data belonging to children under 13 was used without parental consent.
• TikTok “did not do enough” to check who was using their platform and take sufficient action to remove the underage children that were.

The ICO estimates that TikTok allowed up to 1.4 million UK children under 13 to use its platform in 2020, despite its own rules not allowing children that age to create an account.

UK data protection law says that organisations that use personal data when offering information society services to children under 13 must have consent from their parents or carers.

TikTok failed to do that, even though it ought to have been aware that under 13s were using its platform. TikTok also failed to carry out adequate checks to identify and remove underage children from its platform.

The ICO investigation found that a concern was raised internally with some senior employees about children under 13 using the platform and not being removed. In the ICO’s view TikTok did not respond adequately.

Click here for the full press release