브라질, 틱톡에 400억원대 과징금…“무단 수집 청소년 정보 삭제하라”

The Brazilian government has taken action against the global short-form video platform TikTok, headquartered in ByteDance, for allegedly unlawfully collecting personal information from children and young people. The National Data Protection Authority (ANPD) of Brazil has imposed the first fine of approximately ₢1.577 billion (about ₢412 billion) on the company for violating the LGPD (General Data Protection Law).

ANPD confirmed the infringement of the LGPD and demanded that ByteDance delete personal data of individuals aged 13-18 years who did not receive parental or guardian consent, as well as inform third parties where the related information was shared. The Brazilian authorities deemed the company's violation of providing valid contractual grounds for underage users' registration, failure to demonstrate compliance with safety and privacy regulations, and taking effective measures as unacceptable.

According to the investigation, TikTok may have processed personal data of at least 8 million children. The ANPD also expressed concern over the TikTok's "no-login feed" feature, which allows users to view content without creating an account, thereby circumventing age verification procedures and enabling extensive TikTok usage by children and young people.

The authorities stated that TikTok did not implement adequate safety measures to mitigate the risks associated with processing large amounts of personal data from children and young people. In response, TikTok claimed that the fine pertains to actions taken in 2021 and that it did not consider the approved compliance plan and subsequent protective measures approved by the authorities last year.

The company now states that it complies with the Brazilian Personal Data Protection Law for both logged-in and non-logged-in users and will continue to cooperate with regulatory authorities in reviewing legal response options. ByteDance may face an additional fine of ₢130,071 (approximately ₢368,300) per day if it fails to comply with data deletion and reporting obligations.

The ANPD advises ByteDance to settle the fine promptly to receive a 25% reduction in the total fine. Recently, Brazil has made it mandatory for account holders under 16 years old to include their parents or guardians in their accounts, and the live streaming feature on the messaging platform Discord, which was used to broadcast suicidal acts by a 13-year-old, has been suspended, reflecting the country's proactive stance on child and youth protection.