Article
23 April, 2021
It has been reported today that TikTok are facing a legal claim on behalf of millions of children in the UK and the EU. The claim is being backed by England's former children commissioner over how TikTok collects and uses personal data.
The claim will allege that TikTok collects personal data from children, including more sensitive data, such as exact location data and biometric data without sufficient warning, transparency or the necessary consent required by data protection law, and without children or their parents knowing what is being done with that personal data. The claim will also allege that this personal data is transferred, for profit, to unknown third parties.
TikTok is also currently under investigation from the Information Commissioner's Office (ICO). The ICO has reported that is conducting an investigation into TikTok's compliance with UK data protection law and intends to publish its findings later this year.
In response to today's announcement, TikTok has stated that the claim lacks merit and it intends to vigorously defend the action.
The press coverage of this claim is a timely reminder that the ICO's Age Appropriate Design Code (known as the 'Children's Code') came into force on 02 September 2020 with a 12 month transition period to give organisations time to prepare. This transitional period will end on 02 September 2021 and organisations are expected to achieve compliance with the Children's Code by 02 September 2021.
The Children's Code applies to "information society services likely to be accessed by children" in the UK. This includes apps, programs, connected toys and devices, search engines, social media platforms, streaming services, online games, news or educational websites and websites offering other goods or services to users over the internet. It is not restricted to services specifically directed at children.
The Children's Code sets out a number of key points which information society services must take into account when designing and developing online services for children. These are as follows:
The Children's Code seeks to protect children within a digital world where children's personal data is being recorded by organisations as they grow up. Conforming with the Children's Code will ensure that you take into account the best interests of the child and avoid the action faced by TikTok by both the ICO and in the civil courts. Additionally, the UK has recently introduced its Online Safety Bill which will set additional duty of care requirements for tech platforms.
For more information contact Bethany Paliga in our Governance, Procurement & Information department via email or phone on 01254 222347. Alternatively send any question through to Forbes Solicitors via our online Contact Form.
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