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TikTok under scrutiny: child privacy and the largest fine imposed by the EU

The European Union (EU) has imposed a fine of 345 million euros on the Chinese social network TikTok for violating the privacy of its underage users. The European Data Protection Commission, which is the primary privacy regulator for major tech companies based in Dublin, has found that TikTok was breaching the privacy of minors by defaulting to public profiles, which allowed anyone to access them.

A lo anterior, TikTok ha respondido indicando que no está de acuerdo con el fallo, debido al nivel de la sanción impuesta. La empresa ha señalado que las críticas del regulador se centran en funcionalidades y configuraciones de hace tres años, y que desde entonces ha realizado cambios, como establecer de forma predeterminada que todas las cuentas de menores de 16 años sean privadas y desactivar los mensajes
directos para adolescentes de 13 a 15 años.

This is the first time that a social network of TikTok's magnitude has been fined for violating Europe's strict data privacy regulations. The Irish regulator has been criticized for not moving swiftly enough in its investigations of major tech firms since the EU privacy laws came into effect in 2018. Additionally, German and Italian regulators disagreed with parts of the initial decision issued a year ago, leading to a longer process to reach this fine.

Regarding this, it is important to note that access to social media has become a fundamental part of the lives of children and adolescents. As these platforms have evolved and become a significant aspect of young people's lives, a crucial debate has emerged concerning children's rights regarding their use of social media, such as the right to privacy and data protection. These rights constitute fundamental rights when it comes to the use of social media platforms.

However, on social media, privacy is threatened by the collection and use of personal data. Children need to be educated about how to protect their personal information and the importance of reading the privacy policies of platforms. On the other hand, social media can be a potential source of inappropriate and harmful content. Children have the right to a safe environment, and it is the responsibility of both parents and platforms to ensure that minors are not exposed to harmful material. The implementation of parental controls and active supervision can help protect children from inappropriate content.


Moreover, by facilitating children's access to social media, there is a possibility of instances of harassment or bullying occurring through these platforms, which undermines children's right to be protected against such behaviors.

Similarly, the importance of protecting children on social media revolves around fundamental rights such as the right to education and the right to freedom of expression. Safeguarding these rights falls on the administration of the social network itself and on the caregivers or parents of children who are active users of platforms like TikTok. The rights of children on social media are an increasingly important topic in today's society.
It is essential to address the challenges and considerations mentioned above to ensure a safe and beneficial online environment for minors. Protecting privacy, safeguarding against harassment and cyberbullying, promoting digital education, and encouraging responsible participation are essential components of this effort. Parents, caregivers, social media platforms, and lawmakers have a responsibility to collaborate to ensure that children's rights are respected and protected in the constantly evolving digital environment.