TikTok Inc v The Information Commissioner – 5RB
‘In April 2023, the Information Commissioner issued TikTok with a Monetary Penalty Notice of £12.7m for the processing of underage users’ data and defective privacy notices (“the MPN”). TikTok appealed the MPN to the First-tier Tribunal (“the FTT”) on several grounds. Judge Griffin directed that the FTT consider the following preliminary issue (“the vires challenge”): “Was the MPN issued by the Commissioner under s.155 and Schedule 16 of the DPA 2018 on 4 April 2023 made “with respect to processing of personal data for the special purposes” within the meaning of ss.156 and 174 DPA?” The FTT dismissed the vires challenge. TikTok was granted permission to appeal to the Upper Tribunal (“the UT”), in a decision that suspended the effect of the FTT’s Decision pending determination of the appeal.’
5RB, 24th August 2026
Source: www.5rb.com

