03 November 2022
Popular social media platform TikTok (with an estimated active user count of over 1 Billion) has told users that its workers in China will have access to data of account holders based in the UK and EU.
A report from BBC News was posted on the 3rd November 2022, available here: TikTok says staff in China can access UK and EU user data - BBC News
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Paul Motion |
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Jamie Stewart |
This comes shortly after calls from a US FCC Commissioner to ban the Chinese-owned platform in the country, citing data “individual tracking” and “national security” concerns. In September 2022, the UK Information Commissioner stated that it was “considering” imposing a £27 million fine on Tik Tok from the UK ICO for processing the data of children under the age of 13 without appropriate parental consent, failing to provide proper information to its users in a concise, transparent and easily understood way, and processing special category data, without legal grounds to do so. The ICO will be considering Tik Tok representations at the present time.
It needs to be clarified - again – that the “age 13” rule does not apply to the mere act of processing a Scottish child’s personal data.
In Scotland, children aged 12 or over are presumed to be of sufficient age and maturity to provide their own consent for data protection purposes, unless the contrary is shown. Additionally, younger children may also be proved to have sufficient age and maturity to be able to consent.
However, things are different where paid-for Information Society Services (ISS) are offered online to a child. As soon as this happens, that child must be aged at least aged 13. ISS includes websites, apps, search engines, online marketplaces and online content services such as on-demand music, gaming and video services and downloads.
If you have any concerns or questions about the safety of your data online, or on social media, please get in touch with the BTO Data Protection team on DataDefence@bto.co.uk.
Jamie Stewart (Author of article), Trainee Solicitor: jgs@bto.co.uk / 0131 222 2939
Paul Motion, Partner and accredited Specialist in Data Protection and FOI Law: prm@bto.co.uk / 0131 222 2932