Tag: Data Protection

HelloFresh fined by the ICO

The Information Commissioner’s Office (ICO) has fined food delivery company HelloFresh £140,000 for a campaign of 79 million spam emails and 1 million spam texts over a seven-month period. 

HelloFresh, under its official name Grocery Delivery E-Services UK Limited, was deemed to contravene regulation 22 of the Privacy and Electronic Communications Regulations 2003. 

Key points from this case include: 

  1. Inadequate Consent Mechanism: The opt-in statement used by HelloFresh did not specifically mention the use of text messages for marketing. While there was a mention of email marketing, it was ambiguously tied to an age confirmation statement, which could mislead customers into consenting. 
  1. Lack of Transparency: Customers were not properly informed that their data would continue to be used for marketing purposes for up to 24 months after they cancelled their subscriptions with HelloFresh. 
  1. Continued Contact Post Opt-Out: The ICO’s investigation revealed that HelloFresh continued to contact some individuals even after they had explicitly requested for the communications to stop. 
  1. Volume of Complaints: The investigation was triggered by numerous complaints, both to the ICO and through the 7726 spam message reporting service. 
  1. Substantial Fine: As a result of these findings, HelloFresh was fined £140,000. 
     
    Andy Curry, Head of Investigations at the ICO, emphasised the severity of the breach, noting that HelloFresh failed to provide clear opt-in and opt-out information, leading to a bombardment of unwanted marketing communications. The ICO’s decision to impose a fine reflects their commitment to enforce the law and protect customer data rights. 

This case serves as a reminder of the importance of complying with data protection and electronic communications regulations, especially in terms of obtaining clear and informed consent for marketing communications.

Dive deeper into the realm of data protection with our UK GDPR Practitioner Certificate, offering crucial insights into compliance essentials highlighted in this blog. Limited spaces are available for our January cohort – book now to enhance your understanding and navigate data regulations with confidence. 

The Hidden Reach of the Prevent Strategy:
Beyond Counter-Terrorism Units

The UK government’s anti-radicalisation program, Prevent, is reportedly sharing the personal details of thousands of individuals more extensively than previously known. This sharing includes not just counter-terrorism units, but also airports, ports, immigration services, and officials at the Home Office and the Foreign, Commonwealth and Development Office (FCDO). Critics argue that such widespread data sharing could be illegal, as it involves moving sensitive personal data between databases without the consent of the individuals. 

A Metropolitan police document titled “Prevent case management guidance” indicates that Prevent details are also shared with the ports authority watchlist. This raises concerns that individuals may face increased scrutiny at airports or be subjected to counter-terrorism powers without reasonable suspicion. The document also mentions that foreign nationals may have their backgrounds checked by the FCDO and immigration services for any overseas convictions or intelligence. 

Furthermore, the Acro Criminal Records Office, which manages UK criminal records, is notified about individuals referred to Prevent, despite the program dealing with individuals who haven’t necessarily engaged in criminal behaviour.
Counter-terror police emphasise their careful approach to data sharing, which aims to protect vulnerable individuals. 

Prevent’s goal is to divert people from terrorism before they offend, and most people are unaware of their referral to the program. 95% of referrals result in no further action. A secret database, the National Police Prevent Case Management database, was previously disclosed in 2019, revealing the storage of details of those referred to Prevent. 

Newly disclosed information, obtained through a freedom of information request by the Open Rights Group (ORG), reveals that Prevent data is shared across various police databases, including the Police National Computer, specialised counter-terrorism and local intelligence systems, and the National Crime Agency. 

The sharing of this data was accidentally revealed due to a redaction error in a heavily edited Met document. Despite its sensitive nature, the ORG decided to make the document public. Sophia Akram of the ORG expressed concerns over the extent of the data sharing and potential harms, suggesting that it could be unfair and possibly unlawful. 

The guidance also indicates that data is retained and used even in cases where no further action is taken. There are concerns about the impact on young people’s educational opportunities, as Prevent requires public bodies like schools and the police to identify individuals at risk of extremism. 

Recent figures show thousands of referrals to Prevent, predominantly from educational institutions. From April 2022 to March 2023, a total of 6,817 individuals were directed to the Prevent program. Within this group, educational institutions were responsible for 2,684 referrals. Breaking down the referrals by age, there were 2,203 adolescents between the ages of 15 and 20, and 2,119 referrals involved children aged 14 or younger.

There are worries about the long-term consequences for children and young people referred to the program. Several cases have highlighted the intrusive nature of this data sharing and its potential impact on individuals’ lives. Cases in which students have missed gaining a place at a sixth form college and other cases involving children as young as four years old.  

Prevent Watch, an organisation monitoring the program, has raised alarms about the data sharing, particularly its effect on young children. The FoI disclosures challenge the notion that Prevent is non-criminalising, as data on individuals, even those marked as ‘no further action’, can be stored on criminal databases and flagged on watchlists. 

Counter-terrorism policing spokespeople defend the program, emphasising its
multi-agency nature and focus on protecting people from harm. They assert that data sharing is carefully managed and legally compliant, aiming to safeguard vulnerable individuals from joining terror groups or entering conflict zones. 

Learn more about data sharing with our UK GDPR Practitioner Certificate. Dive into the issues discussed in this blog and secure your spot now.

Act Now Partners with Middlesex
University Dubai for UAE’s first
Executive Certificate in DP Law

Act Now Training, in collaboration with Middlesex University Dubai, is excited to announce the launch of the UAE’s first Data Protection Executive training programme. This qualification is ideal as a foundation for businesses and organisations aiming to comply with the UAE Federal Data Protection Law.

This practical course focusses on developing a data protection framework and ensuring compliance with the UAE Data Protection Law’s strict requirements. This is particularly relevant given the recent advancements in Data Protection law in the Middle East, including the UAE’s first comprehensive national data protection law, Federal Decree Law No. 45/2021. 

This law regulates personal data processing, emphasising transparency, accountability, and data subject rights. It applies to all organisations processing personal data within the UAE and abroad for UAE residents.

The importance of understanding this law is paramount for every business and organisation, as it necessitates a thorough reassessment of personal data handling practices. Non-compliance can lead to severe penalties and reputational damage.

The Executive Certificate in UAE DP Law is a practical qualification delivered over 5-weeks in two half day sessions per week and offers numerous benefits:

  1. Expertise in Cutting-Edge Legislation: Gain in-depth knowledge of the UAE’s data protection law, essential for professionals at the forefront of data protection practices.

  2. Professional Development: This knowledge enhances your resume, especially for roles in compliance, legal, and IT sectors, showing a commitment to legal reforms.

  3. Practical Application: The course’s structured format allows gradual learning and practical application of complex legal concepts, ensuring a deep understanding of the law.

  4. Risk Mitigation: Understanding the law aids in helping organisations avoid penalties and reputational harm due to non-compliance.

  5. Networking Opportunities: The course provides valuable connections in the field of data protection and law.

  6. Empowerment of Data Subjects: Delegates gain insights into their rights as data subjects, empowering them to protect their personal data effectively.

Delegates will receive extensive support, including expert instruction, comprehensive materials, interactive sessions, practical exercises, group collaboration, ongoing assessment, and additional resources for further learning. Personal tutor support is also provided throughout the course.

This program is highly recommended for officers in organisations both inside and outside the UAE that conduct business in the region or have customers, agents, and employees there. 

Act Now will be delivering and has designed the curriculum. Act Now Training is the UK’s premier provider of information governance training and consultancy, serving government organisations, multinational corporations, financial institutions, and corporate law firms.   

With a history of delivering practical, high-quality training since 2002.
Act Now’s skills-based training approach has led to numerous awards including most recently the Supplier of Year Award 2022-23 by the Information and Records Management Society in the UK. 

Our associates have decades of hands-on global Information Governance experience and thus are able to break down this complex area with real world examples making it easy to understand, apply and even fun!

Middlesex University Dubai is a 5 star rated KHDA university and one of three global campuses including London and Mauritius. It is the largest UK University in the UAE with over 5000 student enrolments from over 120 nationalities.

For more information and to register your interest, visit Middlesex University Dubai’s website. Alternatively you can Click Here.

The British Library Hack: A Chapter in Ransomware Resilience

In a stark reminder of the persistent threat of cybercrime, the British Library has confirmed a data breach incident that has led to the exposure of sensitive personal data, with materials purportedly up for auction online. An October intrusion by a notorious cybercrime group targeted the library, which is home to an extensive collection, including over 14 million books.

Recently, the ransomware group Rhysida claimed responsibility, publicly displaying snippets of sensitive data, and announcing the sale of this information for a significant sum of around £600k to be paid in cryptocurrency.

While the group boasts about the data’s exclusivity and sets a firm bidding deadline (today 27th November 2023), the library has only acknowledged a leak of what seems to be internal human resources documents. It has not verified the identity of the attackers nor the authenticity of the sale items. The cyber attack has significantly disrupted the library’s operations, leading to service interruptions expected to span several months.

In response, the library has strengthened its digital defenses, sought expert cybersecurity assistance, and urged its patrons to update their login credentials as a protective measure. The library is working closely with the National Cyber Security Centre and law enforcement to investigate, but details remain confidential due to the ongoing inquiry.

The consequences of the attack have necessitated a temporary shutdown of the library’s online presence. Physical locations, however, remain accessible. Updates can be found the British Library’s X (née twitter) feed. The risk posed by Rhysida has drawn attention from international agencies, with recent advisories from the FBI and US cybersecurity authorities. The group has been active globally, with attacks on various sectors and institutions.

The British Library’s leadership has expressed appreciation for the support and patience from its community as it navigates the aftermath of the cyber attack.

What is a Ransomware Attack?

A ransomware attack is a type of malicious cyber operation where hackers infiltrate a computer system to encrypt data, effectively locking out the rightful users. The attackers then demand payment, often in cryptocurrency, for the decryption key. These attacks can paralyse organisations, leading to significant data loss and disruption of operations.

Who is Rhysida?

The Rhysida ransomware group first came to the fore in May of 2023, following the emergence of their victim support chat portal hosted via the TOR browser. The group identifies as a “cybersecurity team” who highlight security flaws by targeting victims’ systems and spotlighting the supposed potential ramifications of the involved security issues.

How to prevent a Ransomware Attack?

Hackers are becoming more and more sophisticated in ways they target our personal data. We have seen this with banking scams recently. However there are some measures we can implement personally and within our organisations to prevent a ransomware attack.

  1. Avoid Unverified Links: Refrain from clicking on links in spam emails or unfamiliar websites. Hackers frequently disseminate ransomware via such links, which, when clicked, can initiate the download of malware. This malware can then encrypt your data and hold it for ransom​​.

  2. Safeguard Personal Information: It’s crucial to never disclose personal information such as addresses, NI numbers, login details, or banking information online, especially in response to unsolicited communications​​.

  3. Educate Employees: Increasing awareness among employees can be a strong defence. Training should focus on identifying and handling suspicious emails, attachments, and links. Additionally, having a contingency plan in the event of a ransomware infection is important​​.

  4. Implement a Firewall: A robust firewall can act as a first line of defence, monitoring incoming and outgoing traffic for threats and signs of malicious activity. This should be complemented with proactive measures such as threat hunting and active tagging of workloads​​.

  5. Regular Backups: Maintain up-to-date backups of all critical data. In the event of a ransomware attack, having these backups means you can restore your systems to a previous, unencrypted state without having to consider ransom demands.

  6. Create Inventories of Assets and Data: Having inventories of the data and assets you hold allows you to have an immediate knowledge of what has been compromised in the event of an attack whilst also allowing you to update security protocols for sensitive data over time.

  7. Multi-Factor Authentication: Identifying legitimate users in more than one way ensures that you are only granting access to those intended. 

These are some strategies organisations can use as part of a more comprehensive cybersecurity protocol which will significantly reduce the risk of falling victim to a ransomware attack. 

Join us on our workshop “How to increase Cyber Security in your Organisation” and Cyber Security for DPO’s where we discuss all of the above and more helping you create the right foundations for Cyber resilience within your organisation. 

Act Now in Dubai: Season 2 

On the 2ndand 3rd October 2023, the UAE held the first ever privacy and data protection law conference; a unique event organised by the Dubai International Financial Centre (DIFC) and data protection practitioners in the Middle East. The conference brought together data protection and security compliance professionals from across the world to discuss the latest developments in the Middle East data protection framework.  

Data Protection law in the Middle East has seen some rapid developments recently. The UAE has enacted its first federal law to comprehensively regulate the processing of personal data in all seven emirates. Once in force (expected to be early next year) this will sit alongside current data protection laws regulating businesses in the various UAE financial districts such as the Dubai International Financial Centre (DIFC) Data Protection Law No. 5 of 2020 and the Abu Dhabi Global Market (ADGM) Data Protection Regulations 2021. Jordan, Oman, Bahrain and Qatar also have comprehensive data protection laws.  Currently what is causing most excitement in the Middle East data protection community is Saudi Arabia’s Personal Data Protection Law (PDPL) which came into force on 14th September 2022.  

The conference agenda covered various topics including the interoperability of data protection laws in the GCC, unlocking data flows in the region, smart cities, the use of facial recognition and data localisation. The focus of day 2 was on AI and machine learning. There were some great panels on this topic discussing AI standards, transparency and the need for regulation.   

Speakers included the UAE Minister for AI, His Excellency Omar Sultan Al Olama, as well as leading data protection lawyers and practitioners from around the world. Elisabeth Denham, former UK Information Commissioner, also addressed the delegates alongside data protection regulators from across the region. Act Now’s director, Ibrahim Hasan, was invited to take part in a panel discussion to share his experience of GDPR litigation and enforcement action in the UK and EU and what lessons can be drawn for the Middle East. 

Alongside Ibrahim, the Act Now team were at the conference to answer delegates’ questions about our UAE and KSA training programmes.
Act Now has delivered training  extensively in the Middle East to a wide range of delegates including representatives of the telecommunications, legal and technology sectors. We were pleased to see there that there was a lot of interest in our courses especially our DPO certificates.  

Following the conference, Ibrahim was invited to deliver a guest lecture to law students at Middlesex University Dubai. This is the biggest university in Dubai with over 4500 students from over 118 countries. Ibrahim talked about the importance of Data Protection law and job opportunities in the information governance profession. He was pleasantly surprised by the students’ interest in the subject and their willingness to consider IG as an alternative career path. A fantastic end to a successful trip. Our thanks to the conference organisers, particularly Lori Baker at the DIFC Commissioner’s Office, and our friends at Middlesex University Dubai for inviting us to address the students.  

Now is the time to train your staff in the new data protection laws in the Middle East. We can deliver online as well as face to face training. All of our training starts with a free analysis call to ensure you have the right level and most appropriate content for your organisation’s needs. Please get in touch to discuss your training or consultancy needs.  

All Go for UK to US Data Transfers 

On 10th July 2023, the European Commission adopted its adequacy decision under Article 45 of GDPR for the EU-U.S. Data Privacy Framework (DPF).
It concluded that the United States ensures an adequate level of protection, comparable to that of the European Union, for personal data transferred from the EU to US companies under the new framework. It means that personal data can flow safely from the EU to US companies participating in the Framework, without having to put in place additional data protection safeguards under the GDPR. 

The question then is, “What about transfers from the UK to the US which were not covered by the above?” The Data Protection (Adequacy) (United States of America) Regulations 2023 (SI 2023/1028) will come into force on 12th October 2023. The effect of the Regulations will be that, as of 12th October 2023, a transfer of personal data from the UK to an entity in the USA which has self-certified to the Trans-Atlantic EU-US Data Privacy Framework and its UK extension and which will abide by the EU-US Data Privacy Framework Principles, will be deemed to offer an adequate level of protection for personal data and shall be lawful in accordance with Article 45(1) UK GDPR.  

Currently, data transfers from the UK to the US under the UK GDPR must either be based on a safeguard, such as standard contractual clauses or binding corporate rules, or fall within the scope of a derogation under Article 49 UK GDPR. 

UK Data Controllers need to update privacy policies and document their own processing activities as necessary to reflect any changes in how they transfer personal data to the US. 

The new US – EU Data Privacy Framework will be discussed in detail on our forthcoming International Transfers workshop. 

Data Protection Law in Saudi Arabia: Implementing Regulation Published  

On 11th July 2023, the much-anticipated Implementing Regulation for Saudi Arabia’s first ever data protection law was published in draft form for public consultation. The regulation is the final step towards the implementation of the new law which will now officially come into force on 14th September 2023. Organisations will have until 13th September 2024 to comply to become fully compliant. At the same time, the draft regulation on the transfer of personal data outside Saudi Arabia was published. With a very short deadline for comments (31st  July 2023), those organisations doing businesses in the Middle East need to carefully consider the impact of the new law on their personal data processing activities.

Background

The Personal Data Protection Law (PDPL) of Saudi Arabia was implemented by Royal Decree on 14th September 2021. It aims to regulate the collection, handling, disclosure and use of personal data. It will initially be enforced by the Saudi Arabian Authority for Data and Artificial Intelligence (SDAIA) which has published the aforementioned regulations. PDPL was originally going to come fully into force on 23rd March 2022. However, in November 2022, SDAIA published proposed amendments which were passed after public consultation.  

Key Points to Note

The Implementing Regulation and the Data Transfer Regulation provide further guidance and clarity regarding the application of the new law.  

Like the GDPR, Data Controllers in Saudi Arabia may now rely on “legitimate interests” as a lawful basis to process personal data; this does not apply to sensitive personal data, or processing that contravenes the rights granted under PDPL and its regulations. The Implementing Regulation states that, before processing personal data for legitimate interests, a Data Controller must conduct an assessment of the proposed processing and its impact on the rights and interests of the Data Subject.
No doubt guidance on this assessment will follow but for now the UK Information Commissioner’s website is a good starting point.

The Implementing Regulation also fleshes out the detail of the various Data Subject rights under PDPL including access, correction and destruction. More detail is also provided about consent as a lawful basis of processing and when it can be withdrawn. The obligations of a Data Controller when appointing a Data Processor are also addressed in detail. 

 The Implementing Regulation introduces some new elements into PDPL, including a reference to a Legal Guardian, the definition of “Actual Interest”, and a National Register of Controllers. According to Article 37, the Competent Authority (SDAIA) will also set the rules for licensing entities to issue accreditation certificates for Controllers and Processors. 

Certain areas of the new law still require clarity. For example, according to Article 34 of the Implementing Regulation, the Competent Authority (SDAIA) is expected to issue additional rules, including circumstances under which a Data Protection Officer shall be appointed. Just like under the GDPR, PDPL permits data transfers outside of Saudi Arabia in certain circumstances and subject to various conditions, including to countries that have an appropriate level of protection for personal data which shall not be less than the level of protection established by PDPL. The Data Transfer Regulation covers, amongst other things, adequate countries and situations where, absent of any adequacy decision, personal data may still be transferred outside of Saudi Arabia. 

The Implementing Regulation is the final step towards the implementation of the new law. 13th September 2024 is not far away. Work needs to start now to implement systems and processes to ensure compliance. Failure to do so will not just lead to enforcement action but also reputational damage.
The following should be part of an action plan for compliance: 

  1. Training the organisation’s management team to understand the importance of PDPL, the main provisions and changes required to systems and processes.  
  1. Training staff at all levels to understand PDPL at how it will impact on their role. 
  1. Carrying out a data audit to understand what personal data is held, where it sits and how it is processed. 
  1. Reviewing how records management and information risk  is addressed within the organisation. 
  1. Drafting Privacy Notices to ensure they set out the minimum information that should be included. 
  1. Reviewing information security policies and procedures in the light of the new more stringent security obligations particularly breach notification. 
  1. Draft policies and procedures to deal with Data Subjects’ rights particularly requests for subject access, rectification and erasure. 
  1. Appointing and training a  Data Protection Officer. 
     

The UAE Federal Law

In November 2021, the United Arab Emirates enacted its first comprehensive national data protection law to regulate the collection and processing of personal data. Federal Decree Law No. 45 of 2021 regarding the Protection of Personal Data was published by the Cabinet Office on 27th November 2021 but to come into force regulations are required.
Whilst the two legal regimes are different, UAE is likely to follow Saudi Arabia’s lead and publish its detailed Executive Regulations very soon.  


Act Now in the Middle East  

Act Now Training can help your businesses prepare for PDPL and the UAE federal law. We have delivered training extensively in the Middle East to a wide range of delegates including representatives of the telecommunications, legal and technology sectors. Check out our UAE privacy programme. To help deliver this and other courses, Suzanne Ballabás, an experienced Dubai based data protection specialist, recently joined our team of associates.  We can also deliver customised in house training both remotely and face to face. Please get in touch to discuss your training or consultancy needs.

The New Data Protection Bill: What it means for DP and the public sector

In March, the UK Department for Science, Information and Technology (DSIT) published the Data Protection and Digital Information (No.2) Bill. The Bill is now going through Parliament. If enacted, it will make changes to the UK GDPR, the Data Protection Act 2018 and Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”).

Our director, Ibrahim Hasan, recently took part in a webinar organised by eCase. In this 45 minute session Ibrahim, alongside Data Protection experts Jon Baines of Mishcon de Reya and Lynn Wyeth of Leicester City Council, discusses the new Bill including:

  • The key changes
  • The differences with the current regime
  • What the changes mean for the public sector
  • The challenges

To access the webinar recording click here ((note: eCase email registration required to access)

The new Bill will be discussed in detail on our forthcoming GDPR Update workshop.  

Spring Offer: Get 10% off on all day courses and special discounts on GDPR certificates

AI and ChatGPT: Ibrahim Hasan on BBC News Arabic

2023 so far has been all about the rise of artificial intelligence (AI). Alongside the privacy issues, there have been concerns over the potential risks, including its threat to jobs and the spreading of misinformation and bias. AI could replace the equivalent of 300 million full-time jobs, a report by investment bank Goldman Sachs says. It could replace a quarter of work tasks in the US and Europe but may also mean new jobs and a productivity boom. 

Our director, Ibrahim Hasan, recently gave his thoughts on AI machine learning and ChatGPT to BBC News Arabic. You can watch here. If you just want to hear Ibrahim “speak in Arabic” skip the video to 2min 48 secs. 

Friends in the UAE, may be interested in our UAE privacy programme which includes courses on UAE and Middle East data protection laws.

We have run many in-house courses, gap analysis and audit services for clients in the Middle East including the UAE, Saudi Arabia and Qatar. If you are interested in any of these services, please contact us here.

Our forthcoming AI and Machine Learning workshop will explore the common challenges that this subject presents focussing on GDPR as well as other information governance and records management issues. 

Spring Offer: Get 10% off on all day courses and special discounts on GDPR certificates. Limited time. Terms and Conditions apply. Book Now!

The TikTok GDPR Fine

In recent months, TikTok has been accused of aggressive data harvesting and poor security issues. A number of governments have now taken a view that the video sharing platform represents an unacceptable risk that enables Chinese government surveillance. In March, UK government ministers were banned from using the TikTok app on their work phones. The United States, Canada, Belgium and India have all adopted similar measures. 

On 4th April 2023, the Information Commissioner’s Office (ICO) issued a £12.7 million fine to TikTok for a number of breaches of the UK General Data Protection Regulation (UK GDPR), including failing to use children’s personal data lawfully. This follows a Notice of Intent issued in September 2022.

Article 8(1) of the UK GDPR states the general rule that when a Data Controller is offering an “information society services”  (e.g. social media apps and gaming sites) directly to a child, and it is relying on consent as its lawful basis for processing, only a child aged 13 or over is able provide their own consent. For a child under 13, the Data Controller must seek consent from whoever holds parental responsibility. Article 8(2) further states:

“The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.”

In issuing the fine, the ICO said TikTok had failed to comply with Article 8 even though it ought to have been aware that under 13s were using its platform. It also failed to carry out adequate checks to identify and remove underage children from its platform. The ICO estimates up to 1.4 million UK children under 13 were allowed to use the platform in 2020, despite TikTok’s own rules not allowing children of that age to create an account.

The ICO investigation found that a concern was raised internally with some senior employees about children under 13 using the platform and not being removed. In the ICO’s view TikTok did not respond adequately. John Edwards, the Information Commissioner, said:

“TikTok should have known better. TikTok should have done better. Our £12.7m fine reflects the serious impact their failures may have had. They did not do enough to check who was using their platform or take sufficient action to remove the underage children that were using their platform.”

In addition to Article 8 the ICO found that, between May 2018 and July 2020, TikTok breached the following provisions of the UK GDPR:

  • Article 13 and 14 (Privacy Notices) – Failing to provide proper information to people using the platform about how their data is collected, used, and shared in a way that is easy to understand. Without that information, users of the platform, in particular children, were unlikely to be able to make informed choices about whether and how to engage with it; and
  • Article 5(1)(a) (The First DP Principle) – Failing to ensure that the personal data belonging to its UK users was processed lawfully, fairly and in a transparent manner. 

Notice of Intent

It is noticeable that this fine is less than half the amount (£27 million) in the Notice of Intent. The ICO said that it had taken into consideration the representations from TikTok and decided not to pursue its provisional finding relating to the unlawful use of Special Category Data. Consequently this potential infringement was not included in the final amount of the fine.

We have been here before! In 2018 British Airways was issued with a Notice of Intent in the sum of £183 Million but the actual fine in July 2020 was for £20 million. Marriott International Inc was fined £18.4 million in 2020; much lower than the £99 million set out in the original notice. Some commentators have argued that the fact that fines are often substantially reduced (from the notice to the final amount) suggests the ICO’s methodology is flawed.

An Appeal?

In a statement, a TikTok spokesperson said: 

“While we disagree with the ICO’s decision, which relates to May 2018 to July 2020, we are pleased that the fine announced today has been reduced to under half the amount proposed last year. We will continue to review the decision and are considering next steps.”

We suspect TikTok will appeal the fine and put pressure on the ICO to think about whether it has the appetite for a costly appeal process. The ICO’s record in such cases is not great. In 2021 it fined the Cabinet Office £500,000 for disclosing postal addresses of the 2020 New Year Honours recipients. The Cabinet Office appealed against the amount of the fine arguing it was “wholly disproportionate”. A year later, the ICO agreed to a reduction to £50,000. Recently an appeal against the ICO’s fine of £1.35 million issued to Easylife Ltd was withdrawn, after the parties reached an agreement whereby the amount of the fine was reduced to £250,000.

The Children’s Code

Since the conclusion of the ICO’s investigation of TikTok, the regulator has published the Children’s Code. This is a statutory code of practice aimed at online services, such as apps, gaming platforms and web and social media sites, that are likely to be accessed by children. The code sets out 15 standards to ensure children have the best possible experience of online services. In September, whilst marking the Code’s anniversary, the ICO said:

“Organisations providing online services and products likely to be accessed by children must abide by the code or face tough sanctions. The ICO are currently looking into how over 50 different online services are conforming with the code, with four ongoing investigations. We have also audited nine organisations and are currently assessing their outcomes.”

With increasing concern about security and data handling practices across the tech sector (see the recent fines imposed by the Ireland’s Data Protection Commission on Meta) it is likely that more ICO regulatory action will follow. 

This and other GDPR developments will be discussed in detail on our forthcoming GDPR Update workshop.  

Spring Offer: Get 10% off on all day courses and special discounts on GDPR certificates