Challenging TikTok's exploitation of children's data

Name of case: Stichting Take Back Your Privacy v TikTok Technology Limited et al.

Court: Amsterdam District Court (Rechtbank Amsterdam), the Netherlands

Case no.: C/13/706675 / HA ZA 21-788 and C/13/706680 / HA ZA / 21-789, combined: C/13/702849 / HA ZA 21-526

Status: Open

Privacy International formally supports the claim brought against TikTok in the Netherlands by the Foundation Take Back Your Privacy, a claim which is supported by the Dutch consumers’ association Consumentenbond. Both are Dutch non-profit organisations that defend privacy rights and consumer rights.

The claim alleges that TikTok exploits the personal data of children users, in violation of the fundamental rights to privacy and protection of personal data, the EU's General Data Protection Regulation ("GDPR"), and Dutch and European consumer law. Amongst others, the claim argues that TikTok's mass processing of children's personal data has no lawful basis, for (1) the consent obtained by TikTok is defective, (2) it cannot be based on legitimate interests to improve the platform, and (3) it is not necessary for performance of TikTok's service. The claimants request, amongst others:

• Deletion of all data gathered illegally
• TikTok's privacy policy to be made more understandable to its users
• A drastic reduction in the amount of personal data processed, to what can be validly consented to or is necessary for performance of TikTok's service
• Payment of financial compensation for intangible and financial damage

A statement of PI's support will be filed with the Amsterdam District Court, along with statements of support from other organisations defending privacy, consumer rights and children's rights in Europe. The court is currently considering admissibility of the case.

A similar claim is being brought in the UK by the former Children's Commissioner for England, Anne Longfield OBE.