In January 2022 alone, TikTok had just under 9 million users in the UK and was ranked the most popular social networking technology based on the number of monthly active users.
It, therefore, comes as no surprise that it is reported to be the leading marketing tool for businesses worldwide. However, many people in the UK, USA, and Australia, to name a few, are becoming increasingly suspicious with the way that TikTok is aggressively harvesting its users’ personal information.
In September 2022, the Irish Data Protection Commission launched an inquiry into the processing of children’s personal data on TikTok and whether the app complies with the General Data Protection Regulation (GDPR) (Article 60) transparency requirements. In another case, the Dutch data commission imposed a fine on TikTok for failing to provide users with a privacy statement in Dutch, meaning they were unable to understand how their data was actually being used. Furthermore, the UK parliament deleted its TikTok account claiming that it was a “data security risk” due to the amount of data collected and the question mark over where the data goes.
The concerns stem from the fact that under Chinese security laws, ByeteDance, TikTok's Chinese parent company has to provide the Chinese government with any personal data it collects from TikTok users. Buzzfeed reported in June 2022 that audio had been leaked from internal TikTok meetings confirming that Chinese employees had access to nonpublic data of users in the U.S. This is concerning since TikTok accesses personal microphones and cameras in phones which can potentially enable access to record people’s conversations and capture video footage without their knowledge.
TikTok: Friend or Foe?
According to TikTok’s privacy policy, the platform collects more than just the information that a user provides like the videos they watch and rewatch. It can also automatically collect information such as location, network connection, keystroke patterns, or rhythms. It can also store payment information, content from direct messages, survey answers, as well as information from third-party platforms like websites that integrate TikTok developments where users can click the TikTok “share” button.
Right now, TikTok data is a bit of a mystery. Whilst the UK parliament removed its account, members of parliament such as Nadine Dorries continue to use the app to connect with younger audiences. But do the risks outweigh the benefits?
Whether you decide to use TikTok as a marketing tool for your business depends on whether it aligns with your risk management strategy. If TikTok is collecting personal data through complex algorithms and often without your knowledge, it is therefore able to gather information about your customers and your business too.
The issue of TikTok targeting presents other concerns about under-aged consumers and digital grooming and bullying. The ICO is investigating a potential breach in protecting children’s privacy rights on the platform by processing data without parental consent, failing to provide transparent information, and processing certain data such as ethnic and racial origin, genetic and biometric data, and health information without legal grounds.
In addition, TikTok’s privacy policy outlines that inferred and observed data can be collected too, which is used to target users. Some of this data may be well beyond what the user wants or agrees to share. In fact, TikTok stopped a privacy policy update in July 2022 after the Italian data protection authority raised concerns about a GDPR breach. The update was going to put targeted ads in front of users without their permission, but according to the GDPR, personalised ads need to have explicit user consent.
What Do Our Experts Say About Using TikTok In Your Business?
There is now so much adverse attention surrounding TikTok and privacy issues, yet companies still continue to use the app due to its incredible potential to raise brand awareness and increase profits.
Companies will need to consider whether using TikTok clashes with their ethical and moral obligations. App users must have a clear idea of how their data is being processed. Yet, using the platform may be seen as unwittingly supporting TikTok’s actions resulting in potential reputational damage for businesses.
With regard to the GDPR, it is imperative that businesses are mindful of whether they are remaining compliant with privacy laws by using TikTok. It may be that by using the platform as a marketing method, you are violating your own privacy policy since the app monitors the movements of people who engage with your content. Also, they should consider to what extent they are putting their customer security at risk by using a platform that collects a broad spectrum of personal data and potentially shares it with third parties.
How Can Gerrish Legal Help?
Gerrish Legal is a dynamic digital law firm. We pride ourselves on giving high-quality and expert legal advice to our valued clients. We specialise in many aspects of digital law such as GDPR, data privacy, digital and technology law, commercial law, and intellectual property. We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements.
We are here to help you, get in contact with us today for more information.
