SOMI Newsletter - November 19th, 2022
This is the newsletter for November 2022 by the Foundation for Market Information Research to its relations, including the participants in its actions, its sympathizers, media professionals and app users.
News
Verdict from the District Court of Amsterdam
The first oral hearing for the collective claim against TikTok had taken place on Monday, October 10th, at the District Court of Amsterdam. This hearing concerns TikTok's statement on the jurisdiction of the case, in which the company stated that the Dutch court cannot hear this case because the company is registered in Ireland, and that the court should wait for the results of the investigation by the Data Protection Commission in Ireland.
On November 9th, the District Court of Amsterdam has given a verdict that judges in the Netherlands have jurisdiction to hear the mass claim against TikTok and also rejected other defenses made by TikTok. Click here for more information about TikTok claim.
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TikTok admits that its staff in China could access European data
On November 2nd, TikTok has announced its change in privacy policy for users in Europe which will comes in place in December 2nd. It mentions that staff members in China are allowed to access user data to ensure that the experience on the platform is “consistent, enjoyable and safe”.
TikTok also names other countries — Brazil, Canada, China, Israel, Japan, Malaysia, Philippines, Singapore, South Korea, and the United States in which European user data can be remotely accessed by certain employees. TikTok's European user data is currently stored in the United States and Singapore.
The Data Protection Commission (DPC) in Ireland is leading an investigation into the legality of TikTok's data transfers to China since September 2021. According to TechCrunch, the DPC states that it expects TikTok data transfers inquiry to progress to the next stage in the coming months. The draft decision is expected to be sent to other European data protection authorities for review in the first quarter of 2023.
It is unclear whether TikTok's change in privacy policy is related to the ongoing GDPR investigation by the DPC. In July 2022, TikTok has agreed to halt the controversial change in its privacy policy in which the platform intends to stop asking its users for their consent to be tracked and receive targeted advertisement, following the warning from the Italian data protection authority.
A Dutch coalition party, ChristenUnie, wants to ban TikTok in the Netherlands. The ChristenUnie MP Don Ceder states that "It is undesirable that a Chinese company, which cannot be seen separately from the Chinese government, receives and sends such a large bulk of data to young people"
SOMI is following the development of this case closely as the data transfers outside of the EU need to meet the level of protection as required by the European Court of Justice. It is great to see transparency from TikTok, however, the privacy and security of European citizens is our main concern.
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Podcast
The fear of TikTok is exaggerated
Possibly bad news for more than 3.5 million Dutch people: the ChristenUnie wants the app to be banned. Member of parliament Don Ceder says in conversation with RTL Nieuws that TikTok must be removed from the market in order to protect Dutch citizens and their data. Is that right, and should we make sure that our data does not fall into Chinese hands? Or is it just a nice app, for which you can pay with your data?
This podcast was broadcasted by BNR (in Dutch) on November 11th, 2022. Featuring Menno Weij, member of the Supervisory Board of SOMI.
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About SOMI
The Foundation for Market Information Research (SOMI) is a non-profit organization set up to identify and influence issues of social importance.
SOMI is a recognized claims foundation in the field of privacy and data autonomy and is committed, among other things, to the protection of the fundamental rights of consumers and minors who use various online services. With the app that SOMI has developed, we want to restore ownership and control over personal data to all the people: All your data. all yours.
SOMI investigates abuses, informs the public and helps injured parties. SOMI does this by conducting collective proceedings and claiming compensation.
SOMI is currently investigating alleged GDPR violations by Facebook and TikTok.