Key facts
- TikTok will pay a £12.7 million fine to the UK's Information Commissioner's Office (ICO).
- The fine was for failing to protect children under 13 and not obtaining parental consent.
- Up to 1.75 million UK children under 13 were estimated to have used TikTok in 2020.
- TikTok dropped its appeal against the ICO's ruling and an information notice.
- The ICO can now resume its investigation into TikTok's recommender systems for 13-17 year-olds.
TikTok has agreed to pay a £12.7 million fine to the UK's Information Commissioner's Office (ICO) for numerous breaches of data protection law, including failing to use children's personal data lawfully. The social media company has also withdrawn its appeal against an ICO information notice, allowing the watchdog to continue a separate investigation into TikTok's recommender systems. The ICO estimated that up to 1.75 million UK children under 13 used TikTok in 2020, despite the platform's own rules prohibiting accounts for that age group. The company failed to implement adequate checks to identify and remove underage users and did not provide clear information on data collection and usage, making it difficult for users, especially children, to make informed decisions. TikTok also failed to obtain parental consent for underage users. TikTok had initially appealed the fine, but has now dropped its appeal, making the penalty notice final. This follows a legal precedent set in August when the Upper Tribunal dismissed TikTok's argument that its data processing was for artistic purposes, which would have required prior court approval for the penalty notice. Furthermore, TikTok has dropped its appeal against an ICO notice requesting details on how it processes the personal information of 13-17 year-olds in its recommender systems. This appeal had stalled the ICO's investigation, which can now proceed. Recommender systems, used to profile users and suggest content based on online activity, have raised concerns about children being exposed to inappropriate or harmful content. Emily Keaney, ICO Deputy Commissioner, stated that the action against TikTok highlights the importance of companies having proper protections in place, especially for preventing access by underage children. She added that the ICO looks forward to progressing its work to protect children's personal information and build trust in digital services. The then information commissioner, John Edwards, had previously told the Guardian that TikTok was "not doing enough" on multiple fronts, including preventing under-13s accessing the platform and removing them when identified.