ByteDance unit required to comply with Brazil’s data protection law.
Brazil’s National Data Protection Authority (ANPD) is investigating TikTok’s access by children and teenagers under 13 and the irregular handling of minors’ data on the video-sharing platform.
According to the ANPD, the Chinese group ByteDance—the owner of TikTok—must implement compliance actions in Brazil, following an oversight process initiated in 2021. The announcement was made on Monday (4) by the authority, responsible for overseeing the Brazilian General Data Protection Law (LGPD).
Should TikTok fail to implement measures to prevent access by those under 13 and to ensure access by those under 18 is with parental consent, it could face sanctions under the LGPD. These penalties depend on the effectiveness of the measures taken and the company’s cooperation. The maximum fine stipulated by the law is 2% of revenue or R$50 million. There is also the possibility of the platform being suspended in the country, the ANPD stated.
The agency also required TikTok to implement measures in Brazil, such as blocking access to users without registration (“unregistered feed”) to ensure minors do not use the platform without prior registration and without passing age verification mechanisms.
From the moment the company is notified, it will have ten business days to completely disable the “unregistered feed” feature. The company, headquartered in Singapore, must also present a compliance plan to enhance age verification mechanisms and unregistered access to the platform. The plan must be submitted to the ANPD within 20 business days after receiving the notification. TikTok informed Valor that it received the official notice about the ANPD process on Monday (4).
“Not allowing access without prior registration is a first step toward resolving the compliance plan issue,” said Fabricio Madruga Lopes, head of ANPD’s oversight. “The plan aims for the company to build a robust registration system.”
The ANPD’s process included collecting data and evidence about profiles of users under 13 on the platform, Mr. Lopes added. “We have data from the TIC Kids survey and information shared by the company.”
According to the ANPD, TikTok reported removing at least 7.5 million accounts of minors from the video-sharing platform over the past year.
The TIC Kids 2024 survey shows that 93% of Brazil’s population aged 9 to 17 accesses the internet, representing 24.5 million people. Of this group, 83% own profiles on digital platforms. The study was released in October by the Regional Center for Studies on the Development of the Information Society (Cetic.br), a department of the Brazilian Network Information Center (NIC.br).
Among internet users aged 9 to 17, 45% access TikTok at least once a week and reported having their profile on the platform. For other platforms analyzed, the proportions were 69% for WhatsApp, 63% for Instagram, 42% for YouTube, 19% for Facebook, 8% for Discord, and 7% for X.
“Ideally, children should not have access to the platform,” emphasized Jorge André de Lima, ANPD’s general coordinator of oversight. He mentioned that the ANPD is not formally investigating underage access to platforms like Instagram. “We have several ongoing oversight processes with different focuses.”
The impact of children and teenagers creating profiles on social media is also the subject of lawsuits filed in October by the Instituto Defesa Coletiva against TikTok, Facebook, and Instagram, owned by Meta Platforms, and Kwai, represented in Brazil by Joyo Tecnologia. The lawsuits, filed in the Youth Court in the State of Minas Gerais, seek damages of R$1.5 billion from Meta and another R$1.5 billion divided between Kwai and TikTok. The amounts consider how much the companies are expected to earn in Brazil in a year from underage audiences.
According to ANPD tests, TikTok’s “unregistered feed” is not allowed in the United States and European Union countries such as France and Italy.
In addition to defending itself and making changes, TikTok must prove that the measures it implemented are adequate to prevent access by unauthorized individuals.
“The owners must demonstrate that they have taken all technical and administrative measures to prevent those under 13 from interacting with the platform,”
Mr. Lima emphasized.
The ANPD’s sanctions involve a weighing process, whose regulation was approved in February 2023.
“The fine takes into account the company’s revenue, its compliance with orders before, during, and after the process,” Mr. Lopes explained. “We also assess the severity of the company’s conduct. That can increase or decrease the severity of the sanction.”
At the outset of the investigation, according to Mr. Lopes, the ANPD felt that TikTok “could have put in a bit more effort” in responding to document requests. “Afterward, the process proceeded without any issues.”
The ANPD will forward evidence collected regarding the sponsoring brands of digital influencers under 13 on TikTok to “competent bodies,” Mr. Lopes stated.
TikTok stated on Monday (4) late afternoon:
“We are a platform for users aged 13 and older and proactively work to enforce our policies, including the ongoing removal of accounts that do not meet the minimum age requirement.”
The company wrote in a statement that enhancing age control mechanisms is an “industry-wide challenge”, and TikTok will continue “to strengthen its approach, collaborating with the ANPD and industry and civil society partners to find further solutions.”
Source: Valor International
