The European Union (EU) | Credits TheStreet

The European Union (EU) lawmakers left no stone unturned as they squeezed the region’s data protection Commissioner Helen Dixon, on why the regulator was delaying the much-publicized probe into the Chinese video-sharing platform, TikTok.

The United Kingdom introduced the privacy bill to amend the General Data Protection Regulation (GDPR), adopted before UK’s withdrawal from the European Union in 2020, the Bank Info Security reported.

Still, in Tuesday’s hearing, the members of parliament had a rare moment with the British government’s Information Commissioner John Edwards with whom they hoped their concerns on the proposed Data Protection and Digital Information Bill would be addressed.

The privacy bill comes at a time TikTok is facing inquiries in many countries, including the United States, Canada, and Australia where it was recently banned from all federal government-owned devices.

However, Edwards still insists that “The bill follows the European model of international transfers, so the European agencies should not be concerned about the onward transfer of European data to countries with limited safety standards.”

The members of the Civil Liberties, Justice and Home Affairs committee “worry” that EU citizens are at the mercy of Big Tech, especially with the UK’s GDPR adequacy standards released by the European Union in 2021 set to expire.

Juan Fernando López Aguilar, the committee chair said that the office of the Information Commissioner did not adequately respond to concerns raised in November when it visited the UK to conduct a review on the renewal of the adequacy decision.

Addressing Delays in TikTok Investigations

In addition to facing a potential ban in the United States, the ByteDance-owned TikTok is under investigation by the Irish Data Protection Commission (DPC). The lawmakers sought an explanation from Commissioner Dixon on why there were delays in the two inquiries into the popular video-sharing social media platform.

IDC Commissioner Helen Dixon | Photo courtesy of The Irish Times

In 2021 the DPC announced two probes into TikTok, with the first seeking information regarding TikTok’s treatment of children’s data and if the company complied with Europe’s General Data Regulation.

The second investigation aimed to look into TikTok’s connection with its Chinese parent company ByteDance, especially how personal data is transferred to China. In simpler terms, is TikTok following the rules about sending personal data to third parties, specifically China? TechCrunch reported on this.

Both investigations are still underway, although a lot of progress has been made with the probe into children’s data. In September last year, the DPC forwarded its report to other regulators in the European Union for review.

Dixon confirmed that a final decision on the inquiry into TikTok’s children’s data would be out before the end of 2023.

“2023 is going to be an even bigger year for GDPR enforcement on foot of DPC large-scale investigations,” Dixon assured the lawmakers.

Although the data protection agency acted on a provisional finding last year, which saw it accuse TikTok of “failing to protect children’s privacy,” the lawmakers at the hearing insisted that the delay in releasing the final decision is a danger to European citizens, whose who might be under China’s surveillance.

Patrick Breyer, a European Parliament member and the German Pirate Party expressed his concerns about the limited scope of the DPC’s inquiry. He stated that the agency’s investigation merely tackled a “small portion of the privacy issues” associated with the platform.

“The app reportedly uses excessive permissions and device information collection,” Breyer said. “If you remain as inactive as this, as you have been for years, you know this will continue to call into question your competence for [overseeing] the social media companies in Ireland.”

The DPC had earlier cited limited resources as the reason behind the downgraded scope of the inquiry.

Commissioner Dixon Defends IDC – Says Probe Taking Shape

Despite the raft of accusations, the lawmakers threw toward the data protection watchdog, Commissioner Dixon stood her ground and navigated through the criticism. She insisted that the time the DPC is taking with the investigations is necessary owing to the vast amount of materials the agency is examining in detail.

Dixon was also very categorical when responding to questions about the cross-border GDPR enforcement, which she referred to as a “shared” decision that required the input of other European Union authorities.

Her reason for the delay is that decisions made by the IDC as the lead agency must pass through a review process she called “decision making by committee.” Dixon added that the IDC is working as fast it can with its more than “200 expert staff” involved.

“We’re recruiting more. We’re conscious of turning these decisions around… We transmitted that draft decision last October to our concerned authorities,” Dixon told the lawmakers. “It will be almost a year later now before we have the final decision. That is the form of decision making by committee that the GDPR lays down and it does take time.”

Dixon’s presence in the European Parliament means a lot to the lawmakers as she heads the Data Protection Commission (DPC). The commission is the lead data privacy regulator in the EU for Meta and other Big Tech companies with European headquarters in Ireland. The DPC is tasked with enforcing the EU GDPR.

Ireland is recognized as a tech hub in the EU with giants like Apple, Meta, Intel, IBM, Microsoft, Oracle, and Tencent among others choosing to conduct their activities in the region from there.

In response to remarks shared by MEPs during the committee hearing, a TikTok spokesperson said that the company appreciates the Data Protection Commissioner’s recognition of TikTok’s cooperative and responsive nature with the regulator.

The spokesperson maintained that TikTok is always prepared to engage with lawmakers and regulators to address any concerns they may have.

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