“The personal data stored in users’ devices may not be used to profile those users and send personalized ads without their explicit consent,” the GDPR said on Tuesday.
“From July 13, 2022, TikTok will rely on its ‘legitimate interests’ as its legal basis to use on-TikTok activity to personalize the ads of users who are 18 or over,” TikTok said in a notice announcing the proposed changes.
The GDPR added that TikTok’s proposed policy update is incompatible with the Italian personal data protection law, along with the EU ePrivacy Directive. This directive regulates cookie usage, email marketing, data minimization, and other aspects of data privacy by mandating user consent before processing this information.
“Both legal instruments set out explicitly that the data subjects’ consent is the only legal basis for ‘the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user,” said the regulator.
The GDPR also pointed out that “processing data on the basis of its ‘legitimate interest’ would be in conflict with the current regulatory framework, at least with regard to the information stored in users’ devices, and would entail all the relevant consequences also in terms of corrective measures and fines.”
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