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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 13. TikTok appealed against the penalty, arguing 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 TikTok claimed that 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 also found for the ICO, upholding the FTT’s ruling on all counts.
Following the UT decision, TikTok has now withdrawn its appeal, meaning that the 2023 monetary penalty notice is final.
Gerry Facenna KC, Nikolaus Grubeck and Jenn Lawrence acted for the ICO.
In February 2025 the ICO opened an investigation into how TikTok processes the personal information of children between 13–17yrs in its recommender systems. The ICO issued an information notice to TikTok, requiring it to provide information and documents to progress the investigation. TikTok appealed against the information notice on the basis that it was ultra vires because it was made “with respect to processing of personal data for the special purposes” within the meaning of sections 143 and 174 DPA.
The FTT ordered that the appeal be stayed pending determination by the UT of the preliminary issue trial in relation to the 2023 monetary penalty notice.
Following the UT decision, TikTok has also withdrawn this appeal, meaning that the ICO can continue its investigation.
Jenn Lawrence acted for the ICO.