SOMI Newsletter - October 20th, 2022
This is the newsletter for October 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
TikTok oral hearing on October 10th, 2022
The first oral hearing for the collective claim against TikTok has taken place on Monday, 10th October, at the District Court of Amsterdam. This hearing concerns the defendants' statement on the jurisdiction of Dutch court. The verdict of this hearing is expected on Wednesday, November 9th. Click here to read the summary of the hearing.
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TikTok could face a £27 million fine
On September 26th, the Information Commissioner's Office (ICO) in the UK announced that TikTok might face a £27 million (€31 million) fine after an investigation found that TikTok may have breached UK data protection law between May 2018 through July 2020, and thus, failing to protect children’s privacy on the platform.
The ICO believes that TikTok processed the data of children under the age of 13 without parental consent, failed to provide information to its user in a "transparent and easily understood way", and processed sensitive personal data without appropriate legal grounds.
According to TechCrunch, the ICO has submitted a notice of intend to TikTok that outlines its findings ahead of the final decision, giving TikTok a chance to respond to the allegation. No conclusion should be drawn at this stage yet, but it serves as a clear indication that the UK’s investigations have unearthed enough to warrant a potentially hefty fine.
The Information Commissioner John Edwards has issued a statement "We all want children to be able to learn and experience the digital world, but with proper data privacy protections. Companies providing digital services have a legal duty to put those protections in place, but our provisional view is that TikTok fell short of meeting that requirement [...]".
Aside from the investigation by the ICO, earlier this year the UK high court has granted permission for a class-action style privacy lawsuit filed by a 12-year old girl against TikTok over its handling of children’s data. The lawsuit seeks damages on behalf of millions of children which could result in billions in compensation.
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SOMI App: Data Request on behalf of minors
As of September, we have launched a new feature on SOMI app, in which parents can request personal data on behalf of their children or minors they represent.
Under the GDPR, processing of personal data of minor under the age of 16 is unlawful unless the consent is given or authorized by the legal representative of the minor. Children should be granted additional protection online because they are less aware of the risks and consequences of sharing data and of their rights.
SOMI believes it is necessary for parents or legal guardians to know which data has been collected on their children in order to take appropriate action to ensure that their rights has been protected and that children can use Internet safely.
FAQs
1. How can I add a minor to my account?
You can add a minor on your profile, under 'Minor(s)' tab. Adding a minor costs 10HT. Prices of the HT token may vary from time to time and may depend on jurisdiction. It is possible to add multiple minors. Important: please make sure to check that the information that you entered is correct. Once you have added minor(s) to your account, you cannot edit the information afterward.
2. How can I request the data for my minor(s)?
On 'New Data Request' page you can select the minor to request the data on its behalf. In case you have multiple minors on your account, you can request the data for one minor at a time. All requests may be found on 'Manage datasets' section.
3. Can I create an account on SOMI app if I am under 18 years old?
No, it is not possible for any minor to create its own account on our SOMI app. Only a legal guardian of the minor, entitled to pursue legal action on behalf of the minor in case of any non-compliance or necessary (legal) follow-up, may add a minor to their account.
Best regards,
SOMI
All your data. All yours.
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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.