The First-tier Tribunal has confirmed that the ICO had the power to issue a monetary penalty notice (MPN) to TikTok in April 2023.

The case will now proceed to a full hearing on the substantive issues raised in TikTok’s appeal.

In the MPN, the information commissioner found TikTok had infringed Articles 8, 12, 13 and 5(1)(a) of the UK GDPR. In response TikTok argued that its processing was for artistic purposes, so the “special purposes” provisions applied.

These provisions place additional restrictions on the ICO’s enforcement action where personal information is being processed for journalistic, artistic, academic or literary purposes. They are referred to in the legislation as the “special purposes”.

TikTok contended the ICO had issued the MPN without legal authority and the MPN should therefore be quashed.

The tribunal found in the commissioner’s favour after it concluded the MPN was primarily concerned with the processing of personal information of under 13-year-old children and such processing was not for the “special purposes”.

John Edwards, UK information commissioner, said: “I welcome the First-tier Tribunal’s decision. It is a significant step forward in our being able to hold TikTok, and other similar platforms, to account for how they use people’s information, particularly children’s, when providing their online services.

“This isn’t just a successful outcome for the ICO — it’s a win for the public and allows us to continue to safeguard and protect children across the digital world.”

TikTok has the right to apply for permission to appeal to the Upper Tribunal on a point of law.