TikTok Challenges Irish Data Protection Fine in High Court

TikTok has been granted permission by the High Court in Ireland to challenge a substantial fine levied by the Irish Data Protection Commissioner (DPC). The company is contesting a 530 million-euro penalty, arguing that it is "penal" in nature and infringes upon its legal rights.

The fine, announced in April 2025, was imposed due to alleged unlawful transfers of European user data to China. The DPC cited remote access by Chinese-based personnel to data stored in the U.S. and Singapore as the basis for the penalty. In addition to the fine, the DPC ordered TikTok to halt such data transfers unless it achieved compliance with EU transparency regulations within a six-month timeframe.

During a recent High Court hearing, Justice Mary Rose Gearty authorized TikTok to proceed with a judicial review of the DPC's decision. A temporary stay has been placed on the enforcement of the fine and related orders, pending the outcome of the review. The legal challenge is being brought by TikTok Technology Limited (Ireland) and TikTok Information Technologies UK Limited.

TikTok is seeking to have the DPC's decision overturned. The company argues that the fine constitutes a criminal sanction and violates constitutional protections. Furthermore, TikTok contends that the sections of the Data Protection Act used by the DPC are invalid under the Irish Constitution, the European Convention on Human Rights, and the EU Charter of Fundamental Rights.

In court documents, TikTok acknowledges its Ireland and UK entities are "joint controllers" of European user data. However, it states that TikTok UK is ultimately responsible for paying the administrative fines, which it argues are "criminal or penal" due to their nature and scale. The company also asserts that the fines violate the Irish Constitution, which governs the delegation of judicial powers.

TikTok further claims that the DPC's decision failed to provide the independent and impartial hearing required under the ECHR. The company argues that such a significant penalty necessitates higher procedural safeguards typically associated with criminal cases. Justice Gearty approved TikTok's application for judicial review and adjourned the matter until October.