TikTok has lost its first round of appeals against the UK Information Commissioner’s Office £12.7m fine issued in April 2023.

The fine was levied against the social media titan over concerns on its processing of personal data of under 13-year old children, finding that such processing was not in line with regulations in UK GDPR.

TikTok attempted to appeal the ruling, saying that its data processing was for artistic purposes, so ‘special provisions’ should be allowed under GDPR.

These special provivisions place additional restrictions of the ICO’s enforcement action where personal information is being processed for journalistic, artistic, academic, or literary purposes.

If special provisions were confirmed to apply, then the ICO would not have the remit to issue the fine to TikTok.

A ‘First-tier Tribunal’ has now confirmed that the ICO had the power to issue the fine.

The fine was issued for multiple breaches of UK GDPR, including Articles 8, 12, 13, and 5(1)(a).

The ICO found that in 2020, around 1.4 million children under 13 used TikTok, which was against the platform’s rules.

TikTok also did not ensure it gained parental consent before using the personal data of children to offer services, as well as not doing enough in the first place to check the age and identity of its users, and remove those under the age of 13 from the platform.

John Edwards, the UK Information Commissioner, welcomed the decision.

“It is a significant step forward in our being able to hold TikTok, and other similar platforms, to account for how they use people’s information, particularly children’s, when providing their online services.

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“This isn’t just a successful outcome for the ICO – it’s a win for the public and allows us to continue to safeguard and protect children across the digital world.”

Still, TikTok does retain the right to apply for permission to appeal to the Upper Tribunal on a point of law, which could drag the case out further. If that appeal fails as well, the TikTok may proceed to a full hearing.

Levied back in 2023, the landmark fines slow pace of action does draw into question the efficacy of such fines, which are typically a small drop in the water compared to big tech’s yearly earnings. In 2023, the year the fine was levied, TikTok’s revenue reached $16.1 billion (£11.88bn).