Brazil fines TikTok owner $29.8M for processing data of minors

Brazil’s National Data Protection Authority (ANPD) fined ByteDance, the owner of TikTok, 153.7 million Brazilian reais ($29.8 million) on Tuesday for irregularities in the processing of children’s and adolescents’ personal data, according to the Official Gazette.

The fine was imposed following an administrative proceeding that identified violations of Brazil’s General Data Protection Law (LGPD).

The decision also orders the company to delete data collected irregularly and implement a compliance plan to improve the protection of children and adolescents on the platform.

The ANPD said the investigation identified irregularities in two forms of access to TikTok: the “feed without registration,” which can be accessed without creating an account, and the “feed with registration,” linked to a registered profile.

In both cases, the ANPD found that the platform processed personal data belonging to children and adolescents without an adequate legal basis under the LGPD, and failed to adopt effective measures to prevent such processing.

Under the compliance plan, TikTok will automatically apply its most restrictive privacy settings to accounts belonging to users under 16. The settings can only be changed with authorization from parents or guardians.

The company will also strengthen parental supervision systems and implement stricter content filters, according to the ANPD.

For users accessing TikTok without an account, the company will suspend advertising in Brazil, limit access to content appropriate for all ages and reduce the collection and processing of personal data.

The authority said the measures will also include limiting access to 12 hours and disabling features such as content creation, commenting, direct messaging, following other users and livestreaming for users without registered accounts.

The ANPD said its action resulted in commitments aimed at reducing risks to the rights of children and adolescents, including the full suspension of advertisements and the disabling of livestreams and direct messaging for users accessing TikTok without registering.

The findings were detailed in Technical Note No. 50/2024/CGF/ANPD, prepared by the ANPD’s Supervision Department (SFI-ANPD), which identified practices deemed inconsistent with Brazil's General Data Protection Law in both forms of access to the platform.

ByteDance has the right to appeal the fine to the ANPD’s Board of Directors within 10 business days of notification, according to the agency.