TikTok could be fined up to R$50 million for illegally collecting minors’ data; understand

The social network must present to the National Authority for the Protection of Personal Data (ANPD) a plan that guarantees parental consent in the collection of minors’ information.

THE TikToka popular short video platform, is being investigated by National Authority for the Protection of Personal Data (ANPD) for suspected irregular processing of personal data of children and adolescents. The ANPD announced the opening of administrative sanction proceedings against the company and ordered the implementation of measures to ensure the protection of minors’ data on the platform.

The investigation was launched in 2021 after reports that TikTok would collect user data, including children and adolescents, without adequate protections and age verification mechanisms. The ANPD’s technical analysis has identified signs of violation of the law General Data Protection Law (LGPD)especially regarding the principle of the best interests of children and adolescents, which requires that their rights take priority in the collection and processing of their data.

If found guilty in the case, along with failure to comply with other actions, the process can result in a fine of up to R$50 million for the infringementdepending on the company’s revenue in the country, according to the ANPD inspection coordinator, Jorge Fontelles. In a press conference this Monday 4, he explained that Tiktok suffers from the possibility of being banned from Brazil if the authority finds the company responsible for the application, the ByteDancedid not implement the changes requested by the ANPD within the indicated deadline. The coordinator also reiterated compliance with company measures and collaboration during the process can mitigate the company’s sanction if it is charged.

Wanted by Estadao the social network has not commented on the matter.

The ANPD investigation into TikTok practices focuses on three main points. THE First is the collection of data without consent and age verification. The ANPD requests the deactivating the “feed without registration”which allows access to the platform’s content without the need to create an account, and highlights the fragility of the age verification mechanisms used by TikTok. Excessive collection of user data, including sensitive information such as location, contacts and browsing history, is also up for debate. Countries such as the United States, France, Italy, Ireland and the United Kingdom have already done so do not allow access to the platform without registration.

THE second point of attention and the inappropriate processing of minors’ data. The ANPD investigates the use of children and adolescents’ personal data to personalize content, including in “feeds without registration”, and the sharing of minors’ data with third parties. The investigation also highlights the absence of parental control mechanisms that allow parents or guardians to monitor and control their children’s access to the platform.

THE third point investigated is the lack of transparency and information. The ANPD requires TikTok to make its terms of use and privacy policy clearer and more accessible, to provide clear information on what data is collected, how it is used and with whom it is shared, and to provide clear and accessible information on user rights. users in relation to their personal data, as well as efficient communication channels for contacting the platform.

Measures to protect minors

The ANPD, with the aim of guaranteeing the protection of the data of children and adolescents, has established that TikTok implements measures such as deactivating the “feed without registration” within ten working days and the submission of a compliance plan in twenty working days. This plan should detail how the platform will implement improvements to age verification, parental consent mechanisms, and procedures to ensure the deletion of minors’ accounts. The estimate of the number of underage users investigated was carried out by the ANPD on the basis of Tik Kids Online data and the information provided by the platform itself.

Furthermore, the Authority also requires the implementation of the art assistance and representation mechanisms ensuring that adolescents are assisted or represented by their parents or guardians when registering and establishing parental control mechanisms that allow parents or guardians to monitor and control their children’s access to the platform. The measures will have an impact anyone under 18 try to access the platform. Currently, to have a Tiktok account, You must be over 13 years old.

The ANPD’s action against TikTok reflects a growing global concern regarding the protection of children and teenagers’ data on digital platforms. In September 2023, the TikTok has been fined 345 million euros by the European Data Protection Commission for failing to comply with the data protection measures for minors.

In Brazil, the ANPD has intensified supervision of digital platforms to ensure compliance with the LGPD. In addition to TikTok, the ANPD also filed a lawsuit against Objective (Facebook AND Instagram) and the X (formerly Twitter) due to suspicion of irregular data processing.

In the case of X, the The ANPD announced that it will convene company representatives to provide clarifications on the new privacy rules which allow the use of user data to train artificial intelligence (AI). The agency began an inspection in July to assess the compliance of the use of data for generative AI training with the LGPD. The law requires that the processing of personal data has a specific purpose of which the owners are informed, as well as guaranteeing the right of users to object to the use of their data.

In the case of Meta, in July this year, the authority ordered the company to stop collecting data from Brazilians to train your AI systems. The preventive measure was taken as there were signs of violation of the LGPD. In August, the measure was suspended after an agreement with the company.

Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.