South Korea probes TikTok over alleged data consent violations

South Korea probes TikTok over alleged data consent violations
locations in blue show where TikTok is available around the world / Cyfraw - Attrib Int: CC4.0
By bno - Taipei Office October 8, 2024

South Korea’s media regulator, the Korea Communications Commission (KCC), is preparing to investigate TikTok for potentially breaching the country’s personal data protection laws. The scrutiny arises from allegations that the popular video-sharing platform is automatically requiring users to accept advertisements, rather than allowing them the choice to consent to such content, as mandated by South Korean law, as reported by Yonhap.

Industry sources indicate that TikTok’s practices may violate the Act on Promotion of Information and Communications Network Utilisation and Data Protection. An official from the KCC stated, “We believe there is a problem with TikTok's terms of service and application in getting clear informed consent from its users.” The inquiry will focus on whether TikTok adequately informs users about its advertising policies and provides them with the opportunity to opt in rather than opt out.

Concerns have been raised that TikTok, owned by the Chinese company ByteDance, does not fully disclose the details of its terms of service and privacy policy at the time users sign up. Under South Korean law, digital platforms are required to give users the freedom to decide if they wish to receive marketing communications, ensuring that consent is obtained clearly and transparently prior to any such communications being sent.

If found guilty of violating these regulations, TikTok could face fines of up to KRW30mn (approximately $22,279). This investigation highlights growing concerns over data privacy and user consent, especially in light of increased scrutiny of foreign tech companies operating in South Korea.

The KCC's probe into TikTok comes amidst a broader global conversation about the responsibilities of social media platforms in protecting user data. As authorities worldwide seek to enforce stricter data protection measures, companies must navigate complex legal landscapes to maintain user trust and compliance.

As South Korea continues to champion robust data protection rights, this investigation may set important precedents for how platforms handle user consent and advertising practices in the future. The outcome of the KCC’s inquiry could influence not only TikTok's operations in South Korea but also shape regulatory approaches to digital privacy across the region.

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