TikTok asks court to halt suspension of data transfers to China

High Court reporters

TikTok is to ask the High Court to halt a suspension of data transfers to China within six months under a decision made in early May by the Data Protection Commission (DPC).

On May 2nd, the DPC announced it had made a final decision into its inquiry into the lawfulness of transfers by TikTok Technology Ltd of personal data of users of the TikTok platform to the People’s Republic of China from countries in the European Economic Area (EEA), which includes all the EU along with Iceland, Liechtenstein, and Norway.

DPC commissioners Dr Des Hogan and Dale Sunderland found that TikTok infringed the GDPR regarding its transfers and regarding its transparency requirements.

The DPC imposed fines totalling €530 million and ordered Tik Tok to bring its processing into compliance within six months, including suspending the transfers to China if this was not done within that timeframe.

On Thursday, Emily Egan McGrath SC, for TikTok, told Mr Justice Mark Sanfey her client was seeking that the case be admitted to the fast track Commercial Court as it was an urgent matter.

She said the damage the decision will cause to her client "was very significant" and they were looking for an order putting a stay on the suspension of data transfer decision.

Kelley Smith SC, for the DPC, said there was a significant volume of papers in the case and her side had not had a chance to look at the documents.

However, she did not imagine there would be any objection to the application to enter the case into the commercial list.

Mr Justice Sanfey said he thought there might not be opposition to the admission to the commercial list but it may be the DPC will take a different tack.

He said there were difficulties in relation to fixing a hearing over the stay on the suspension decision in terms of judges being tied up in other cases in coming weeks but he would hear the application to admit the case to the Commercial Court next week.