UK Tribunal Upholds ICO’s £127M Fine Against TikTok Over Children’s Data Violations

ICO Wins Key Legal Battle Over TikTok’s Mishandling of Child Data

The UK’s privacy regulator, the Information

TikTok’s Child Data Breach and the ICO’s Battle for Accountability

TikTok has been under scrutiny in the UK since it was discovered that, in 2020, approximately 1.4 million children under the age of 13 were using the platform — in direct violation of both TikTok’s internal policies and UK privacy law. The ICO launched an investigation and concluded that TikTok failed on multiple fronts. The company not only failed to remove underage users but also processed their personal data without proper parental consent. These actions violated several articles of the UK GDPR, including Articles 5(1)(a), 8, 12, and 13.

The £12.7 million fine was issued as a result, but TikTok fought back, arguing that the data collection was for artistic purposes and thus fell under the “special purposes” exemption within GDPR — a clause typically reserved for journalism, art, or literature. However, the First-tier Tribunal disagreed with TikTok’s defense, noting that the case was not about creative expression but about how children’s personal data was being used commercially, without appropriate safeguards.

UK Information Commissioner John Edwards welcomed the tribunal’s decision, calling it a major step forward in protecting the digital rights of children. He emphasized that the ruling not only empowered the ICO but also reinforced the message that big tech must be held accountable. Despite the victory, TikTok still has legal options available, including an appeal to the Upper Tribunal. If that is rejected, a full hearing will be scheduled to address the substantive issues of TikTok’s broader appeal.

The ICO’s victory is symbolic but also highlights the sluggish pace of regulatory enforcement against tech giants. The fine itself was announced in 2023, yet legal proceedings continue deep into 2025. Privacy advocates have long criticized these delays, arguing that large corporations often drag out cases to avoid accountability. Some experts are now calling for harsher measures, such as personal liability for executives, to ensure that regulatory enforcement has real bite.

Meanwhile, the ICO has not paused its efforts. In March, it launched a new investigation targeting TikTok and other tech platforms for similar misuse of children’s data. As this legal battle evolves, it could reshape how the UK enforces data protection laws against powerful international platforms.

What Undercode Say:

The Struggle Between Regulation and Tech Power

This legal saga between the ICO and TikTok paints a vivid picture of the growing tension between government regulators and global tech platforms. On one hand, the ruling shows that regulatory bodies do have teeth — at least in principle. But on the other, the glacial pace of enforcement dilutes the effectiveness of fines and penalties, especially when the accused have access to deep legal resources.

TikTok’s use of the “special purposes” clause as a legal shield is not just a clever defense — it’s part of a wider trend where companies exploit legal gray areas to avoid regulatory blowback. The tribunal’s dismissal of this argument sets an important precedent: privacy violations, especially involving children, can’t be waved away with artistic or creative justifications.

One of the core concerns in this case was TikTok’s failure to verify user age and enforce its own guidelines. This isn’t merely an oversight — it’s a systemic risk. Platforms that knowingly or negligently allow children to access services without consent mechanisms are not just violating GDPR rules, they are placing vulnerable users at risk of exposure, manipulation, and exploitation.

Another key takeaway is the role of parental consent in digital services. The fact that TikTok processed children’s data without it shows a deep misalignment between platform design and legal obligation. While the company might argue technical limitations, the GDPR requires proactive accountability — ignorance is not a defense.

The ICO’s move to fine TikTok £12.7 million, although substantial, may be a drop in the ocean for a company with billions in revenue. This underscores why some legal experts now advocate for holding individual executives personally accountable. By doing so, the cost of non-compliance shifts from being a corporate liability to a personal risk — a far more potent deterrent.

It’s also worth noting that this isn’t the end of the road. TikTok can still appeal to the Upper Tribunal, and if unsuccessful, prepare for a full hearing on the underlying claims. That means more delays, more legal arguments, and more uncertainty around whether the penalty will stick.

Despite these hurdles, the ICO’s consistent pursuit signals a broader shift toward stricter data governance in the UK. With new investigations already underway, the watchdog seems determined to ensure that digital platforms align their business models with child safety and legal compliance.

For tech firms operating globally, this should serve as a warning. Compliance is no longer optional, and regulators are ready to fight lengthy battles to protect users’ rights. The question is no longer whether governments will regulate — it’s how hard, how fast, and how deep they’ll go.

🔍 Fact Checker Results:

✅ The tribunal ruled that the ICO had legal authority to fine TikTok under UK GDPR.

✅ TikTok processed

❌ The “special purposes” exemption claimed by TikTok was not deemed valid in this context.

📊 Prediction:

This case marks a turning point in how UK regulators approach tech accountability. Expect more aggressive enforcement from the ICO, particularly around children’s data privacy. If TikTok loses its final appeal, this ruling could set a benchmark for future cases across Europe — and potentially drive other regulators to increase penalties, fast-track investigations, and revisit the scope of executive liability.