TikTok: happy videos with a dark edge

TikTok, the app on which dances go viral and trends emerge, has become part of young people's daily lives. Even lawyers are busy with it. In fact, the app generates discussions about privacy and data collection. While you unabashedly scroll through the videos, legal issues are playing out in the background: what exactly does TikTok know about you? And: what data exactly does the app collect? In this article, we dive into the legal issues surrounding TikTok.

What is TikTok?

It is September 2016 when Chinese company ByteDance launches the app TikTok. The app is then designed specifically for the Chinese market. In 2017, ByteDance expands internationally with a similar app, known as TikTok. (1) The real breakthrough follows when ByteDance acquires the popular app Musical.ly. In 2019, TikTok and musical.ly will be merged into one app. Meanwhile, TikTok has grown into a huge international platform. (2)

TikTok is a social media platform that allows users to create and share short videos. It is best known for viral dances and creative content, but the platform offers much more. Thanks to powerful algorithms that make personalized recommendations, you can quickly reach a large audience. (3) Consequently, TikTok is widely used by influencers and TikTok hypes regularly arise, such as the crompouce, the crookie and the Dubai bar. (4)

Despite the innocuous content, there are concerns about spreading disinformation and extremist messages on TikTok. (5)

TikTok and your privacy: How safe is your data?

Several countries, including the Netherlands, are suing TikTok alleging violations of users' privacy. The company has received fines from the Personal Data Authority (hereafter AP). (6)  More and more signs indicate that TikTok is a highly invasive app. This means that the app requests access to a lot of personal information and features on your phone. Possibly the app collects more data than is strictly necessary. In addition to your e-mail address, phone number and date of birth, the app also keeps track of what content you create, even if you don't upload or save it. Furthermore, TikTok can retrieve data from other social media platforms, such as Facebook, and has access to information on your phone's clipboard. In addition, TikTok gets insight into your location, your contacts and the messages you send to others. (7) The company can then easily share this data with third parties, posing significant risks to user privacy. The data collection by TikTok seems to go even further than other platforms, which has been denounced by several agencies. (8)

As of Dec. 2, 2022, a new privacy policy is in effect that may violate the General Data Protection Regulation (AVG), Europe's privacy law. (9) The new policy confirms that TikTok employees in 11 countries outside Europe, including China, will have access to personal data of Dutch users.This would supposedly be done in a limited and secure way.TikTok is owned by the Chinese company ByteDance, this therefore raises many questions. (10) Namely, it is unclear exactly what data is shared and TikTok does not clarify this. This is causing unrest in the Netherlands, with questions being asked in Parliament. The Christian Union is even calling for a ban on TikTok in the Netherlands. Because of the influence the Chinese government can exert on companies, there are fears that they could gain access to this data through TikTok.In China, the government has more control over companies than in Western countries, which poses the risk that the Chinese government could access or collect user data. (11) American magazine Forbes reveals that three hundred employees of TikTok and ByteDance previously worked for Chinese state media. Some still work there. As a result, TikTok does not appear to be completely independent of the Chinese government. Independent privacy regulators exist in Western countries, but there are no such bodies in China. Moreover, laws in Western countries limit government power, while Chinese laws only strengthen government influence. (12)

However, TikTok denies that it passes data to China and says it is focusing on reducing the number of employees who have access to user information. In addition, the company aims to store data locally to prevent outside interference. (13) Still, given the many concerns and the new privacy policy, the question remains: can we really trust TikTok with our personal data?

Fines and legal consequences for TikTok

In April 2021, the AP, fines TikTok €750,000 for violating Article 12(1) of the AVG. The AP notes that between May 25, 2018 and July 28, 2020, TikTok offered its privacy policy in the Netherlands only in English. As a result, Dutch children are also not informed in understandable, Dutch language about the processing of their personal data.More privacy issues come to light during the AP's investigation. (14) TikTok's European headquarters is located in Ireland, and this leaves the AP largely unauthorized to make decisions on these findings. Therefore, the AP asks the Irish Data Protection Commission (DPC) to investigate TikTok further. This investigation ultimately leads to a €345 million fine for TikTok. The case revolves around the fact that TikTok set children's profiles, including the videos they post, to “public” by default and automatically, making the videos visible to everyone. (15)

In January 2024, the Amsterdam District Court rules that Take Back Your Privacy Foundation (TBYP), may bring suit against TikTok on behalf of 1.5 million Dutch children. TBYP demands that TikTok be held accountable for privacy violations. (16) The court also ruled that the foundation cannot seek immaterial damages for all children. In July 2024, TBYP and the Consumers' Association will file an appeal to explore further options for damages. (17)

This series of fines, investigations and legal proceedings highlight the serious privacy concerns surrounding TikTok.

Popular, but risky for privacy

TikTok is a popular platform worldwide, especially among young people, but it also raises serious privacy concerns. Behind the viral dances and trends is a complex legal debate about data collection and privacy violations. TikTok collects large amounts of users' personal data, which has already led to several fines and lawsuits. Despite efforts by TikTok to restore trust, such as restricting access to user data, the question remains whether the app poses too many risks. The legal proceedings and concerns highlight the need to continue to thoroughly investigate TikTok's privacy practices, especially now that our personal data is at stake when watching viral videos.

Voetnoten

1. https://www.autoriteitpersoonsgegevens.nl/documenten/boete-tiktok-recht-op-informatie
2. https://www.rtl.nl/tech/artikel/4350036/populaire-video-app-musically-gaat-op-concurrent-tik-tok
3. https://www.frankwatching.com/archive/2024/08/08/algoritme-tiktok-linkedin-instagram/https://www.bnr.nl/nieuws/technologie/10500555/een-geraffineerd-algoritme-spionage-en-chinese-macht-dit-zijn-de-gevaren-van-tiktok
4. https://www.ad.nl/binnenland/zo-werd-crompouce-een-tiktokhype-door-die-filmpjes-denk-je-dat-iedereen-ze-aan-het-eten-is~abafcf0d/;https://www.menshealth.com/nl/voeding/a62042926/mensen-tiktok-komkommer-eten/;https://www.nporadio1.nl/nieuws/economie/8e52f285-3251-4403-848e-e3df26f80314/dubai-reep-niet-aan-te-slepen-na-viral-op-tiktok-met-dank-aan-monica-geuze;https://www.spreekbuis.nl/de-rol-van-influencers-op-tiktok-in-de-aankoopbeslissingen-van-generatie-z/ ;https://www.hln.be/video/productie/de-nieuwste-hype-op-tiktok-wat-is-de-crookie-433185?referrer=https%3A%2F%2Fwww.google.com%2F
5. https://nos.nl/artikel/2471751-extreemrechts-bereikt-jongeren-via-tiktok-en-instagram-soms-pas-13 ;https://nos.nl/nieuwsuur/artikel/2536282-om-en-kinderbescherming-waarschuwen-voor-snelle-online-radicalisering-van-jongeren ; https://op1npo.nl/2024/03/26/artsen-over-desinformatie-op-tiktok-en-hun-tegenoffensief/ ; https://www.nu.nl/nujij/6324140/islamitische-radicalisering-gaat-met-de-tijd-mee-meeste-gebeurt-online.html
6. Privacyrisico's van TikTok - Wat slaat deze app over jou op (vpngids.nl)
7. Privacyrisico's van TikTok - Wat slaat deze app over jou op (vpngids.nl)
8. Kijkt CHINA mee met jouw TikTok? | De waarheid over TikTok (youtube.com)
9. Toegang China tot data TikTok in strijd met privacywet, zeggen experts (nos.nl)
10. Nieuw privacybeleid TikTok bevestigt: China heeft toegang tot data Nederlandse kinderen – Stichting TakeBack Your Privacy
11. Het nieuwe privacybeleid van tiktok: nieuwe privacy issues op de loer - Informatiebeveiliging & Privacy (ib-p.nl)
12.  Privacyrisico's van TikTok - Wat slaat deze app over jou op (vpngids.nl)
13. Chinese TikTok-medewerkers krijgen toegang tot data Europese gebruikers (nos.nl)
14. https://privacy-web.nl/nieuws/boete-van-345-miljoen-euro-voor-tiktok/
15. https://www.mr-online.nl/tiktok-moet-maar-liefst-345-miljoen-euro-aftikken-wegens-het-schenden-van-de-privacy-van-kinderen/
16. www.consumentenbond.nl/nieuws/2024/nieuwe-overwinning-in-massaschadeclaim-tegen-tiktok
17. https://www.consumentenclaim.nl/hoger-beroep-van-stichting-take-back-your-privacy-in-tiktok-rechtzaak/#:~:text=Op%2030%20juli%202024%20heeft,voor%20haar%20achterban%20te%20realiseren. ; https://www.consumentenbond.nl/internet-privacy/stichting-take-back-your-privacy-in-hoger-beroep-in-tiktok-zaak