TikTok allowed to operate in Ireland even as it faces DPC in court

DUBLIN, Ireland: The Supreme Court has ruled that TikTok can keep operating in Ireland while the country's data regulator continues its case against the company over how it handles user data.

The Data Protection Commission (DPC) fined TikTok 530 million euros, saying the platform allowed engineers in China to access user data, potentially violating EU privacy rules under the General Data Protection Regulation. TikTok is challenging this decision in court.

Earlier, the High Court had paused (put a stay on) the DPC's orders, meaning TikTok does not have to pay the fine or change its data practices until the appeal is decided. The DPC challenged this pause, arguing that the legal reasoning behind it might be incorrect.

However, the Supreme Court rejected the DPC's appeal and said the decision about whether to pause the orders should be based on Irish law, not EU law.

The court explained that judges must balance the possible serious harm to the company if the pause is not granted against any harm to the public or others if it is granted.

Another judge agreed, saying Irish law still applies in this situation and that the DPC alone made the original decision against TikTok as the lead regulator.

Earlier this year, a High Court judge had already decided to keep the pause in place and to allow TikTok's full appeal to proceed.

The main case is being taken by TikTok's European companies, which would be responsible for paying the fine if it is upheld.

Previous hearings found that European user data was not stored in China, but Chinese engineers could still access it. TikTok argued that the regulator did not follow fair procedures when making its decision.

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