Italian SA Warns Against 'Personalised' Ads Based on Legitimate Interest

Tik Tok had modified its privacy policy to inform users that people aged above 18 would receive ‘personalised’ ads – i.e., based on profiling users’ behaviour during their visits to TikTok – starting from the 13th of July. 

In the platform’s view, the processing of personal data would be based no longer on consent, but on the ‘legitimate interests’ vested in Tik Tok and its partners.

The Italian SA started a fact-finding exercise regarding the changed privacy policy and requested information from the social network.

Following the information made available by the company, the Italian SA concluded that the change in legal basis was incompatible with Article 5(3) of EU directive 2002/58 as well as with Section 122 of the Italian Personal Data Protection Law which transposed that Directive. 

The Italian SA was also concerned about the protection of child users registered with the platform since the difficulties encountered by TikTok in implementing adequate age verification measures to access the platform entailed the risk that ‘personalised’ ads including unsuitable content would be served to children aged below 14 years based on the company’s legitimate interest.

The Italian SA issued a formal ‘warning’ to TikTok under Article 58(2)a of the GDPR and Section 154(1)(f) of Italy’s Data Protection Law that processing data on the basis of its ‘legitimate interest’ would be in conflict with the current regulatory framework (Article 5(3) of Directive 2002/58/EC and national law transposing it), at least with regard to the information stored in users’ devices,  and would carry all the consequences envisaged in the applicable legislation on the protection of personal data including the imposition of fines.

The Italian SA reserved its right to take additional measures including urgent measures if this proved necessary.

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Kind regards,

Zumbul Attorneys at Law

info@zumbul.av.tr