TikTok fined £12.7m for misusing children’s data

TikTok has been fined £12.7m by the UK’s data watchdog for failing to protect children’s privacy.

It estimated that TikTok allowed up to 1.4 million British children under the age of 13 to use the platform in 2020.

The video-sharing site used data of children this age without parental consent, according to an investigation by the Information Commissioner’s Office (ICO).

TikTok said it has “invested heavily” to prevent children under the age of 13 from accessing the site.

The ICO said many were able to access the site even though TikTok set 13 as the minimum age to create an account.

It said children’s data may have been used to track and profil them, potentially presenting them with harmful or inappropriate content.

Information Commissioner John Edwards said: “There are laws in place to make sure our children are as safe in the digital world as they are in the physical world. TikTok has not adhered to these laws.

As a result, an estimated 1 million people under the age of 13 were inappropriately granted access to the platform from which TikTok collected and used their personal data.

“You should have known TikTok better. TikTok should have done a better job. The £12.7m fine reflects the serious impact their failures could have.”

Later, he told BBC News that TikTok “has not taken any steps” to obtain parental consent.

“When you sign up, you can be targeted for advertising, your data can be described, and your data is contributed to an algorithm that feeds the content,” he said.

“If you’re looking for age-inappropriate content, it can get more and more extreme.

“It can be very harmful for people who are not old enough to fully appreciate the effects and make appropriate choices.”

It is one of the biggest fines ever issued by an ICO.

A TikTok spokesperson told the BBC that its “40,000-strong safety team is working around the clock to help keep the platform safe for our community.”

“While we do not agree with the ICO’s decision, relating to May 2018 – July 2020, we are pleased that the fine announced today has been reduced to less than half the amount proposed last year. We will continue to review the decision and consider next steps.”

The watchdog earlier issued TikTok with a “notice of intent” – a prelude to a possible fine – at the time saying TikTok could face a £27m fine for such breaches.

Professor Sonia Livingstone, who researches children’s digital rights and experiences at the London School of Economics and Political Science, told the BBC it was “great that an ICO has taken action”, but feared the amount of the fine would be “disregarded as the cost of doing so”. “Let’s hope TikTok thoroughly reviews its practices and makes sure it respects children’s privacy and safety proactively in the future,” she said.

Louise Devine told the BBC that she allows her 10-year-old son to use TikTok, although she monitors his use.

“I know exactly what he’s posting and I’m watching who he’s talking to. Obviously I can’t monitor what he’s seeing,” she said.

“I don’t think I would stop him from using it because all his friends use it and I think that would be completely unfair, however, I think if I can get a way to monitor what he’s seeing, that would be better for me.”

TikTok is allowed to appeal against the fine scale and has 28 days to file returns. If successful, the ICO can reduce the final amount.

The regulator has a maximum deadline of 16 weeks, from issuing the notice of the proposed fine until issuing its final ruling.

Fines received by the ICO go back to the treasury.

But there may be other concerns about TikTok as the UK’s Online Safety Act, due to be passed in the coming months, requires strict age verification processes by social networks.

It has been proposed that the companies be fined for breaches – but the £12.7m fine is a small amount compared to the $80bn (£64bn) in revenue that TikTok’s parent company ByteDance, a Chinese tech company, reportedly generated in 2022.

It comes as the platform is already under global scrutiny over security concerns.

Several Western countries are taking action against TikTok over concerns that it might share users’ data with the Chinese government.

The app is blocked on government agencies in Canada, Belgium, Denmark, New Zealand, Taiwan, the United Kingdom, the United States, and anyone working for the European Commission.

TikTok chief Shou Zi Chew has been questioned in Congress about his safety and has tried to reassure lawmakers that users’ data is safe.

Additional reporting by Ashley Swan.