United Kingdom: Issued notice of intent in ICO investigation into TikTok over children’s data processing

On 26 September 2022, the United Kingdom (UK) Information Commissioner's Office (ICO) issued a provisional notice regarding its investigation into TikTok children's data processing practices. The ICO stated that during its investigation, it found that the company may have breached the UK data protection regulations between May 2018 and July 2020 and could face a fine of GBP 27 million. In its notice, the ICO noted that the company potentially processed the data of children under 13 years old without obtaining consent from their parents or guardian. Furthermore, TikTok could have processed sensitive personal data without a legal basis for that processing activity. Finally, the ICO alleged that TikTok may have failed to comply with transparency requirements regarding the information that should be provided to online platform users. The ICO noted that its findings listed in the "notice of intent" are preliminary, and it will issue a final ruling after the consultation with the company.