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In each of its previous updates, the Chinese application asked for its users' consent to access their behavior and activities outside TikTok. Now, however, it would appear that it wants to do so without even asking for their permission. This is considered a violation of the ePrivacy Directive and the GDPR.
Indeed, an initial alert has been issued by the Italian data protection agency. According to it, what TikTok has done is a direct violation of the European ePrivacy Regulation. According to the latter, the consent of the persons concerned (TikTok users in this case) is the only legal basis for storing information already stored, or accessing or obtaining information already stored, in the terminal equipment of a subscriber or user.
In addition to this, there are other difficulties concerning compliance with age requirements. In other words, even minors may be subject to the new regulations.
TikTok is currently facing significant legal consequences due to a GDPR violation complaint. Indeed, the potential fine amounts to 345 million euros, raising serious concerns about how the app handles its users' personal data. This case highlights the importance of the GDPR's fundamental notions, which aim to protect the privacy and rights of individuals online. The CNIL (National Commission for Information Technology and Civil Liberties) is closely monitoring the case, and legal action could be taken if breaches persist. It's crucial for companies to comply strictly with the GDPR to avoid such sanctions and guarantee the security of their users' data.
The platform does not fully comply with data protection regulations and privacy rules. Users often sign up without fully understanding the implications of sharing their personal information. It is therefore crucial for TikTok to strengthen its control and transparency measures, in particular through an adequate privacy policy, to guarantee the security and confidentiality of its users' data.
The complaint highlights concerns regarding the collection and processing of users’ personal data . Furthermore, it notes that sensitive data such as health information—often referred to as health data—could also be compromised. It is essential for companies to ensure the protection of their users’ personal data by complying with the rules and regulations established by data protection authorities. TikTok must ensure that its operations comply with GDPR guidelines GDPR safeguard the privacy and security of users’ information throughout their time on the platform.
It is crucial that users are aware of their privacy rights and carefully review their account settings to ensure that their data is protected in accordance with the GDPR.