12-year-old takes on TikTok with legal action

The children’s commissioner for England plans to bring action on behalf of a 12-year-old girl against TikTok over misuse of personal data.

Commissioner Anne Longfield intends to bring the action against six corporate defendants said to be involved in or responsible for the operation of the social media platform.

The action also seeks remedies on behalf of not just the claimant but for all children under 16 years who are or were users of the video-sharing network.

The action comes after an allegation from the child which said that the defendants have “misused the claimant’s private information and processed the claimant’s personal data in breach of the duties imposed by the General Data Protection Regulation (GDPR).”

The allegation refers to personal data used in an algorithm which analyses user preferences to tailor content.

The child’s barrister, Charles Ciumei QC, said that tailoring content “encourages use of the app and, although it is stated in the app’s terms of service that it is not for use by those under 13 years old, it is clear that a large number of users are under that age.”

According to the High Court ruling, the action seeks a declaration, damages, injunctions, and orders for erasure of the data in question.

The damages claimed are for “loss of control of personal data.”

A TikTok spokesperson said: "Privacy and safety are top priorities for TikTok and we have robust policies, processes and technologies in place to protect all users, and our younger users in particular. As this application was made without notice, we first became aware of the application and the High Court's judgment earlier today and are currently considering its implications."

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