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ICO Welcomes Upper Tribunal Decision Dismissing TikTok's Appeal on Special Purposes Provisions

The Information Commissioner's Office (ICO) has welcomed the Upper Tribunal's decision to dismiss TikTok Inc & Anor's appeal and remit the case to the First-tier Tribunal for determination of the substantive issues. Binnie Goh, General Counsel at the ICO, stated that the Upper Tribunal's reasoning sets an important precedent for the application of special purposes provisions in data protection law. The ICO will continue to defend its original decision before the First-tier Tribunal, emphasizing its commitment to ensuring organizations, especially those providing online services to children, comply with data protection obligations. This decision is likely to be relevant to other online platforms in similar circumstances.

Today's question

An online platform operating in the UK provides services accessible to children. Following the Upper Tribunal's decision regarding TikTok and the ICO, what is the most critical area of focus for this platform's data protection officer?

  1. Ensuring compliance with the special purposes provisions in data protection law, particularly concerning children's data.
  2. Implementing new data localization requirements for all user data, regardless of age.
  3. Obtaining explicit consent from all adult users for targeted advertising practices.
  4. Developing a comprehensive incident response plan solely for ransomware attacks.

Answer this question on the site

Worth knowing

  1. EU Digital Omnibus on AI Introduces Targeted Amendments to AI Act

    The European Parliament and the Council of the EU reached a political agreement on the Digital Omnibus on AI, which entered into force on 27 July 2026. This omnibus introduces numerous targeted and significant amendments to the EU AI Act, aiming to improve legal certainty, proportionality, and implementation. These changes will impact AI providers, deployers, regulators, and public sector bodies.

  2. Metropolitan Police Service Reprimanded by ICO for Data Protection Failures

    The ICO issued a reprimand to the Chief Constable Commissioner for the Metropolis/Metropolitan Police Service (MPS) for two incidents involving the disclosure of personal information. Incident 1 concerned the service of unredacted documents for a Stalking Protection Order, and Incident 2 involved the disclosure of email addresses to victims of the Honeytrap Matter. These failures highlight weaknesses in MPS data protection training, compliance, and governance.

Compiled that morning from regulator, court and authority sources. Primary sources are linked on every story.