On July 13th, according to foreign media reports, the privacy policy update caused controversy in Europe,TikTok has agreed to suspend updates scheduled for tomorrow. This means the platform no longer requires users to agree to be tracked in order to receive targeted advertising.
The EU’s main regulator is studying whether the amendments comply with EU data protection rules. Italy’s data protection watchdog issued an official warning to TikTok yesterday, when the Italian watchdog said the planned switch, from asking users’ consent to run “personalized” ads, to claiming that it could be based on a “legitimate interest” Processing data on legal grounds would violate the country’s Electronic Privacy Directive and, in its view, the EU General Data Protection Regulation (GDPR).
Under EU law, for a legitimate interest to be a valid legal basis for processing personal data, the data processor must conduct a series of tests to assess: first, whether it has a legitimate purpose for the processing; The third balance test must take into account the rights and freedoms of individuals whose information will relate.And the balance test may be the biggest hurdle in TikTok’s attempt to use legitimate interests to run behavioral advertising.
Italian regulators have notified the Irish Data Protection Commission (DPC) of TikTok’s possible breach of EU data rules. A DPC spokesman said that following contact with it yesterday,TikTok has now agreed to suspend implementation of changes, for DPC analysis. It added that the issue had been raised with all other data regulators in the EU’s 27 member states.
Separately, privacy experts have questioned whether TikTok’s behavioral advertising based on legitimate interests is appropriate. TikTok defended its targeted advertising program, saying: “We believe that personalized advertising provides the best in-app experience for our community, are committed to respecting the privacy of our users, be transparent about our privacy practices, and comply with all relevant regulations.”
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