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Written by Pierre Berteloot on 20 March 2023

A joint investigation against TikTok : What You Need to Know

TikTok the short video sharing app is being investigated by data protection authorities worldwide and a joint investigation by Canadian Data Supervisory Authority has been launched.

 

Contextual information

TikTok is a highly controversial application accused of modifying its algorithm and presenting "dumbed-down" content to the West and creative and educational content in China1. The app also highlights dangerous content and forces people to view harmful content that endangers their physical and mental well-being as it generates engagement and strong reactions. Plus, TikTok has to comply with several data protection regulations worldwide that usually protect even more minors by increasing the requirement of transparency and by increasing the obligations regarding the data processing of minors.

 

More details and answers

Indeed a report from the "Center for Countering Digital Hate"2 accuses TikTok of, targeting vulnerable teenagers and recommending dangerous content for their physical and mental integrity every 27 to 39 seconds. The study analyzed the first 30 minutes of algorithm-recommended content on eight new accounts with a minimum age of 13 in the US, Canada, the UK, and Australia. Half of the accounts had usernames containing the term "weight loss" and were considered "at risk" by the researchers. The other half consisted of "standard" accounts without "weight loss" usernames. According to the study, "standard" accounts saw content about suicide and eating disorders in 2.6 and 8 minutes, respectively. On the other hand, "at-risk" accounts were recommended three times more dangerous videos and 12 times more self-harm videos than "standard" accounts.

The report defines harmful content as content dealing with subjects such as eating disorders, weight shame, self-harm, and sexual assaults. Researchers found that the harmful content recommended by TikTok to vulnerable teenage accounts was more extreme than the content shown to standard teenage accounts. The report concludes that the results of this study is "every parent's nightmare."

TikTok has responded to this report by pointing out that the sample taken by the center was too small and not representative of the actual and normal use of TikTok.

In the conclusion of the report, the "Center for Countering Digital Hate" calls for increased regulation and accountability of social media companies.

This is why the Canadian Federal Data Protection Authority (Office of the Privacy Commissioner of Canada) announced the opening of a joint investigation into TikTok after receiving complaints from Canadians concerned about the collection and use of their personal data by the app. 3This investigation will be conducted jointly with provincial data protection authorities (Quebec, Alberta, British Columbia), demonstrating the importance and scope of this large-scale investigation. The four authorities will determine if the organization's practices comply with Canadian laws on the protection of personal information and, in general, if TikTok has obtained valid consent for the collection, use, and communication of personal information. 

The investigation will also ensure that its transparency obligations, particularly when collecting personal information from its users, ARE RESPECTED. The transparency obligations in Quebec will be implemented as of September 2023 due to the progressive application over time of the Law 25. These obligations include, but are not limited to, the obligation to publish the rules governing its governance of personal information; to publish a privacy policy written in clear and simple terms if personal information is collected by technological means and to notify the persons concerned of its updates; and to inform the person when identification, location or profiling technology is used and of the means offered to activate these functions.

A significant portion of TikTok users is among the youngest. Given the importance of protecting children's privacy, the joint investigation will focus on TikTok's personal information protection practices regarding young users, including determining if the company has obtained valid consent from them for the collection, use, and communication of their personal information. When it comes to minors, it is imperative to be more transparent when handling their personal information. TikTok will obviously be controlled on this point.

The investigation by the Canadian federal agency comes after similar investigations by other regulatory authorities worldwide. In January 2021, TikTok agreed to pay a $92 million fine to US authorities for illegally collecting personal data from children under 13. Earlier in 2020, India banned TikTok and other Chinese apps due to national security concerns. The White House has also banned the use and installation of the application to its employees on professional equipment. On the old continent, the European Commission has also decided to ban the use and installation of the application to its employees by requiring the immediate removal of the application on the professional phones of its employees. The reason given is the capture of confidential information and the instrumentalization of TikTok by the Chinese government for spying purposes.

 

Action needed/recommended

What should you do then ?

  • For you, it is then relevant to question the use of the application by your employees on your corporate hardware and the potential industrial espionage of Tiktok and to verify your policy of acceptable uses of your corporate devices.
  • The other important aspect that can be drawn from the investigation conducted against Tiktok is the way in which you manage the processing of your personal information, whether it be the collection, the way in which you inform people, especially if it concerns personal information about minors.

Let our professionals help you manage your processing of personal information.


 

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