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TikTok gets permission to challenge 'penal' €530M fine over transfer of personal data to China
Summary
The High Court has granted TikTok permission to challenge a €530 million fine imposed by the Data Protection Commissioner (DPC) regarding the alleged transfer of European users' personal data to China. Ms Justice Mary Rose Gearty granted leave for the judicial review and adjourned the matter to October. The application was brought by TikTok Technology Limited and TikTok Information Technologies UK Limited against the DPC, Ireland, and the Attorney General. The applicants argue that the administrative fines of €485 million and €45 million constitute a 'penal' or criminal sanction, rendering the relevant sections of the Data Protection Act unconstitutional and incompatible with the European Convention on Human Rights and the EU Charter of Fundamental Rights. They further contend that the DPC was not exercising limited judicial powers and that the fines disproportionately interfere with their right to private property under the Constitution. The DPC originally imposed the fine and a censure on April 30, 2025, citing infringements related to remote access to data stored in the US and Singapore by personnel in China. The court placed a stay on the DPC's decisions pending the outcome of the legal review. The matter was adjourned to October.
Who, what, where, when and why
What: Report matter: TikTok gets permission to challenge 'penal' €530M fine over transfer of personal data to China. Procedural stage: hearing_or_decision
When:
- April 30 Hearing Or Sentence
- April 30, 2025 Hearing Or Sentence
- 2025-07-14 Publication
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