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TikTok launches High Court challenge against €345m DPC fine over processing of children’s data

TIKTOK HAS LAUNCHED a High Court challenge aimed at quashing the Data Protection Commission’s decision to fine it €345 million for failing to protect children’s privacy on its social media site.

Earlier this month, the DPC imposed the fine after it investigated TikTok over how some of its privacy settings and features complied with obligations under the EU’s General Data Protection Regulation.

Arising out of the various orders made against it, the online video hosting service’s Irish-based subsidiary, TikTok Technologies Limited, has launched judicial review proceedings where it seeks various orders and declarations against both the DPC as well as Ireland and the Attorney General.

In its action, TikTok claims that the DPC’s decisions and findings against the social media service are flawed and should be set aside.

The matter was briefly mentioned before Mr Justice Brian Cregan during today’s vacation sitting of the High Court.

Declan McGrath SC for TikTok said that as part of its action his client will be challenging the constitutionality of the 2018 Data Protection Act.

Counsel said that his client has also filed a statutory appeal against the DPC’s decision with the Circuit Court.

However, counsel said that it was also bringing the High Court action because it may not be able to raise some of the issues it wants to raise in the statutory appeal.  

The judge, who directed that the respondents in the case be served with the claims against them as a matter of courtesy, adjourned the case to date in October when the new legal term commences.