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High Court Gives TikTok Grounds to Challenge €345m EU Fine

 |  October 23, 2023

TikTok has received approval from Ireland’s High Court to contest the Data Protection Commission’s (DPC) decision to impose a hefty €345 million fine for the company’s alleged failure to safeguard children’s privacy on its social media platform.

The DPC’s fine was set following an investigation into the platform’s adherence to the European Union’s General Data Protection Regulation (GDPR) concerning specific privacy settings and features.

The investigation was launched by the DPC in September 2021, focusing on the handling of personal data for individuals under the age of 18. It also scrutinized the effectiveness of age verification measures for users under 13 in relation to the processing of personal data, ensuring compliance with GDPR obligations in Ireland.

Related: UK’s Regulator Joins Global Movement & Probes TikTok

As a result of the DPC’s actions, TikTok’s Irish-based subsidiary initiated judicial review proceedings. The company is seeking various orders and declarations against the DPC, Ireland, and the Attorney General. TikTok contends that the DPC’s decisions and findings are flawed, infringing upon its rights, including the right to a fair hearing, and deeming them unconstitutional.

Additionally, TikTok is pursuing declarations from the court, including claims that specific sections of the 2018 Data Protection Act, which empower individuals with rights and control over their personal data, are incompatible with both the Constitution and the Charter of Fundamental Rights of the European Union.

Source: Irish Examiner