Brazil fines TikTok $30 million for child data protection failures

Brazil's data protection authority has imposed a significant fine on TikTok's parent company, ByteDance, for multiple violations concerning the personal data of children and adolescents on the platform. The National Data Protection Authority (ANPD) issued a penalty of 153.7 million reais, equivalent to about $30 million, following an administrative process that identified breaches of the country's General Data Protection Law (LGPD).

The ANPD's investigation revealed that ByteDance improperly collected data from children without a valid legal basis. The company allegedly used the "execution of contract" concept inappropriately to create accounts for minors. Furthermore, the authority found a lack of effective mechanisms to prevent and verify the presence of children on the social media network. These shortcomings were identified in both the "feed without registration" mode, where users can access the app without an account, and for registered users.

In addition to the financial penalty, the ANPD has mandated that TikTok implement a comprehensive compliance plan to bring its operations in Brazil up to standard. Key requirements include the implementation of more restrictive settings for accounts belonging to users under 16, which will require parental or legal guardian authorization to alter. The platform must also adopt more rigorous content filters. For access without prior registration, TikTok must prohibit content creation, disable live streaming and direct messaging, suspend advertising, and collect only minimal operational data.

The ANPD also approved a compliance plan presented by ByteDance in an appeals instance. However, the company must strictly adhere to the age verification requirements stipulated by the Digital Statute of the Child and Adolescent, as well as the timeline for implementing reliable verification mechanisms set by the regulatory body. This case is part of a broader regulatory push by the Brazilian government to bring major tech platforms under control and enhance the protection of children online.