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The Upper Tribunal (Administrative Appeals Chamber) (“UT”) has released its decision dismissing TikTok’s appeal and upholding the decision of the First-tier Tribunal (General Regulatory Chamber) (“FTT”) ruling in the ICO’s favour on a key preliminary issue concerning the regulator’s power to take action against online platforms hosting user-generated content.
In April 2023 the ICO imposed a £12.7 million penalty on TikTok for breaches of data protection law, including unlawful processing of the personal data of children under the age of 13yrs. TikTok appealed against the penalty, notably on the basis that the penalty was ultra vires because it was made “with respect to processing of personal data for the special purposes” (i.e. journalistic, academic, artistic or literary purposes) within the meaning of sections 156 and 174 of the Data Protection Act 2018 (“DPA”). On that basis, according to TikTok, the ICO had no power to issue the penalty notice without first obtaining prior Court approval in accordance with section 174 DPA.
The FTT ordered that the issue be determined by way of a trial of a preliminary issue. In its decision released on 4 July 2025, the FTT ruled in favour of the ICO, rejecting TikTok’s case that data processing for the purposes of providing the TikTok service is processing “for the special purposes” because it is intended to enable and encourage artistic expression by TikTok users.
TikTok then appealed that decision. The appeal was heard in the UT from 11 to 12 May 2026. In its decision released on 28 July 2026, the UT upheld the FTT’s ruling on all counts.
The UT’s decision is available here.
Gerry Facenna KC, Nikolaus Grubeck and Jenn Lawrence act for the ICO.