TikTok Hits Pause On Its Most Controversial Privacy Update Yet (gizmodo.com) 9
Early last month, TikTok users across Europe were told that, starting July 13th, the platform would begin using their on-app data to serve up targeted ads, even if those users didn't consent to the practice. Now, less than a day before that change would have rolled out European Union-wide, it looks like the company's reconsidering things a bit. Gizmodo reports: A company spokesperson told TechCrunch on Tuesday that TikTok is "pausing" the update while it "engage[s] on the questions from stakeholders," about the way it handles personalized ads. And needless to say, there are quite a lot of questions about that right now -- from data protection authorities in the EU, from lawmakers in the US, and from privacy experts pretty much everywhere.
For context: until this point, European users that opened the TikTok app needed to offer express consent to let the company use their data for targeted ads. This update planned to do away with the need for that pesky consent by on a legal basis known as "legitimate interest" to target those ads instead. In a nutshell, the "legitimate interest" clause would let TikTok process people's data, consent-free, if it was for a purpose that TikTok deemed reasonable. This means the company could say, for example, that because targeted ads bring in more money than their un-targeted equivalent, it would be reasonable to serve all users -- consenting or otherwise -- targeted ads. Reasonable, right?
For context: until this point, European users that opened the TikTok app needed to offer express consent to let the company use their data for targeted ads. This update planned to do away with the need for that pesky consent by on a legal basis known as "legitimate interest" to target those ads instead. In a nutshell, the "legitimate interest" clause would let TikTok process people's data, consent-free, if it was for a purpose that TikTok deemed reasonable. This means the company could say, for example, that because targeted ads bring in more money than their un-targeted equivalent, it would be reasonable to serve all users -- consenting or otherwise -- targeted ads. Reasonable, right?
CCP (Score:2, Flamebait)
Ads aren't the problem, or not the main problem. The problem is the CCP controls what millions of Americans kids consume for hours a day, unironically.
Wow (Score:3)
A company can use your private data to cram whatever it wants down your throat, or any number of other things presumably, without asking you first. [gdpr-info.eu]
In order to stop the use of your data for direct marketing, it appears you're not even entitled to an opt-out option - you have to proactively object on your own. [gdpr-info.eu]
Sure, "consent" is opt-in only - where consent is required. Which doesn't help when it isn't required for one of the most intrusive uses of data out there.
It's certainly more than we have over here, which is to say essentially nothing, but far from the massive consumer protection it gets painted as.
Re: (Score:3)
It's not quite that bad. The "legitimate interest" requires the company to apply a three-part test. The relevant bit is that they have to show that your interests in control of your data do not override their need to process your data.
Since selling ads is in no way part of TikTok's service to you as a client, they are unlikely to be able to convince a court that their interest in selling ads overrides your right to control your own data.
IANAL
Re: (Score:2)
Re: (Score:2)
The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.
Not how this works (Score:3, Insightful)
> the "legitimate interest" clause would let TikTok process people's data, consent-free, if it was for a purpose that TikTok deemed reasonable
Nope. The reasonableness is not for TikTok to decide. Selling data (regressively account as a conduit) to pay for ads to be delivered on a platform is not a legitimate interest. Perhaps they are holding back because someone mentioned the 4% of global turnover fines that can be levied on those taking the piss.
"Stakeholders"? (Score:2)
TikTok is "pausing" the update while it "engage[s] on the questions from stakeholders," about the way it handles personalized ads.
The only people holding stakes should also be carrying torches and brandishing pitchforks so they can drive TikTok back to China and keep it there. I say this because of articles like these:
https://www.scarymommy.com/porn-is-not-the-worst-thing-on-musical-ly
https://nypost.com/2022/03/12/tiktok-has-become-a-dangerous-mental-disorder-breeding-ground/
I understand the TikTok content that Chinese citizens get to see bears little resemblance to that presented in Western countries. Why do you suppose China's ide