TikTok withdraws two appeals in ICO children’s privacy action and accepts £12.7m fine

TikTok has agreed to pay a £12.7m fine imposed by the Information Commissioner’s Office (ICO) in 2023 after withdrawing its appeal of the underlying penalty notice.

The tech company has also dropped its appeal against an information notice from the ICO requiring it to provide certain documents and details for a separate investigation into TikTok’s use of children’s data in its recommender systems.

2023 penalty notice

The ICO issued a £12.7 million fine to TikTok Information Technologies UK Limited and TikTok Inc (TikTok) in 2023 for numerous breaches of data protection law, including failing to use children’s personal data lawfully.

The ICO estimated, based on economic analysis, that up to 1.75 million UK children under 13 used TikTok in 2020, despite its own rules not allowing children that age to create an account.

TikTok failed to carry out adequate checks to identify and remove underage children from its platform and failed to provide users with clear information about how their data was being collected, used and shared meaning users (especially children) were unlikely to be able to make informed decisions. TikTok also failed to obtain parental consent even though it ought to have been aware that under 13s were using its platform.

TikTok appealed the fine but has now dropped its appeal, meaning the penalty notice is final.

It comes after an important legal precedent was set in August when the Upper Tribunal dismissed TikTok’s argument that its processing of personal data had been for artistic purposes, which would have meant that the ICO should have obtained prior court approval before issuing the penalty.

Recommender systems investigation

TikTok has also withdrawn its appeal against the ICO’s information notice requesting details from the company about how it processes the personal information of 13-17-year-olds in its recommender systems. TikTok’s appeal of the information notice prevented the ICO from progressing its investigation but now the appeal has been dropped it can continue.

Recommender systems are used by social media platforms and video sharing platforms to profile users and recommend content based on their online activity. While profiling can make platforms more engaging and tailored to people’s interests, research from the ICO’s Children’s Data Lives year two study indicates that children sometimes find it harder to stop scrolling, as repeated exposure to personalised content encourages continued engagement.  

The ICO opened this investigation in February 2025 in light of growing concerns about young people being served inappropriate or harmful content through these recommender systems. 

Emily Keaney, ICO Deputy Commissioner, said:

“How companies design online services and use children’s personal information has a significant impact on young people’s experience in the digital world. Our successful action against TikTok shows how important it is for companies to have the right protections in place, including to prevent access by children who are not old enough to be using their services.

“We have always been clear that this processing was not for the special purposes, and following the Upper Tribunal’s decision, we welcome TikTok’s withdrawal of its appeals.”

“We look forward to being able to further progress our ongoing work to protect children's personal information and help build public trust in digital services.”

The ICO estimates that its work to drive improvements to how children’s personal data is used has helped protect close to five million child users.

Alongside its work holding tech companies to account, the ICO’s Switched on to privacy campaign helps parents better understand the privacy choices available to them, supporting safer and more trusted online experiences for children.

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