TikTok challenges Data Protection Commission's decision on €345m fine

High Court reporters

TikTok has launched a High Court challenge aimed at quashing a decision by the Data Protection Commission (DPC) to fine it €345 million for failing to protect children’s privacy on its app.

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 Regulations.

Arising out of the various orders made against it, the online video hosting service's Irish-based subsidiary, TikTok Technolgies Limited, has launched judicial review proceedings in which it seeks various orders and declarations against both the DPC, Ireland and the Attorney General.

In its action, TikTok claims the DPC's decisions and findings are flawed and should be set aside.

The matter was briefly mentioned before Mr Justice Brian Cregan during Thursday'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 his client has also filed a statutory appeal against the DPC's decision with the Circuit Court. However, he added the firm is also bringing the High Court action because it may not be able to raise some of the issues 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 until a date in October when the new legal term commences.