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Canada: OPC launches joint investigation into TikTok

The Office of the Privacy Commissioner of Canada ('OPC') announced, on 23 February 2023, that, together with the Quebec Commission on Access to Information ('CAI'), the Office of the Information and Privacy Commissioner for British Columbia ('BC OIPC'), and the Office of the Information and Privacy Commissioner of Alberta ('Alberta OIPC'), it had launched an investigation into TikTok Inc., following numerous media reports related to TikTok’s collection, use, and disclosure of personal information and in the wake of the class action lawsuits in the US and Canada.

More specifically, the OPC noted that the four regulators will examine whether TikTok's practices are in compliance with Canadian privacy legislation as follows:

  • the OPC will investigate compliance with the Personal Information Protection and Electronic Documents Act 2000 ('PIPEDA');
  • the CAI will investigate compliance with the Act Respecting the Protection of Personal Information in the Private Sector, CQLR c P-39.1 ('the Act') and the Act to Establish a Legal Framework for Information Technology, c. C-1.1 ('the Quebec Information Technology Act');
  • the BC OIPC will investigate compliance with the Personal Information Protection Act, SBC 2003 c 63 ('PIPA'); and
  • the Alberta OIPC will investigate compliance with the Personal Information Protection Act, SA 2003 c P-6.5 ('PIPA').

Furthermore, the OPC outlined that the joint investigation seeks to determine whether valid and meaningful consent is being obtained by TikTok for the collection, use, and disclosure of personal information and whether TikTok meets its transparency obligations, particularly when collecting personal information from its users. Notably, the OPC specified that the joint investigation will have a particular focus on TikTok's privacy practices as they relate to younger users.

You can read the press release here.

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