{"id":39833,"date":"2025-10-08T11:50:43","date_gmt":"2025-10-08T15:50:43","guid":{"rendered":"https:\/\/www.millerthomson.com\/?p=39833"},"modified":"2025-11-14T16:27:51","modified_gmt":"2025-11-14T21:27:51","slug":"social-media-platform-in-the-privacy-hot-seat-key-takeaways-from-the-privacy-commissioners-report","status":"publish","type":"post","link":"https:\/\/www.millerthomson.com\/en\/insights\/technology-ip-and-privacy\/social-media-platform-in-the-privacy-hot-seat-key-takeaways-from-the-privacy-commissioners-report\/","title":{"rendered":"Social media platform in the privacy hot seat: Key takeaways from the Privacy Commissioner\u2019s report"},"content":{"rendered":"\n

In September 2025, the Office of the Privacy Commissioner of Canada<\/a> (the \u201cOPC<\/strong>\u201d), together with its counterparts in Alberta<\/a>, British Columbia<\/a>, and Quebec<\/a> (collectively, the \u201cOffices<\/strong>\u201d),[1]<\/a> commenced an investigation into the privacy practices of TikTok<\/a>.[2]<\/a><\/p>\n\n\n\n

Social media platforms are highly popular among youth and are one of the main drivers of increased screen use among minors. Depending on the study and its recency, the average child in Canada (aged 5-17) spends between two and seven hours per day using their phone or another personal device. Increasingly, screen time has been linked to various mental health concerns in youth, with compelling indications<\/a> suggesting that additional screen time results in a higher risk of developing anxiety disorders and depression, as well as overall decreased happiness.[3]<\/a><\/p>\n\n\n\n

Although the Offices\u2019 investigation did not directly address these broader societal concerns about screen time among minors, this context underlies many of the concerns voiced in the findings, such as children\u2019s increased susceptibility to advertising and the promotion of negative body image.<\/p>\n\n\n\n

For Canadian businesses, the message is clear: regulators are raising the bar. Companies that collect and use personal information, especially from minors, must ensure their purposes are legitimate, their consent mechanisms are robust, and their privacy communications are accessible.<\/p>\n\n\n\n

Why did Canadian regulators investigate TikTok?<\/h2>\n\n\n\n

TikTok\u2014one of, if not the<\/em>, most popular social media platforms used by Canadian children \u2014has long faced scrutiny over privacy and national security concerns, including the ordered dissolution of TikTok Technology Canada, Inc. following a national security review, and the app\u2019s ban from Canadian government-issued devices.<\/p>\n\n\n\n

The Offices\u2019 joint investigation examined whether TikTok\u2019s collection, use, and disclosure of the personal information of individuals in Canada for the purposes of ad targeting and content personalization complied with federal and provincial privacy laws (collectively, the \u201cActs<\/strong>\u201d).[4]<\/a><\/p>\n\n\n\n

The investigation focused on two key issues:<\/p>\n\n\n\n

    \n
  1. Whether TikTok\u2019s practices engaged in targeted advertising and content personalization practices that a reasonable person would consider to be appropriate; and<\/li>\n\n\n\n
  2. Whether TikTok obtained valid and meaningful consent and, for individuals in Quebec, met transparency obligations under Quebec\u2019s\u00a0Act Respecting the Protection of Personal Information in the Private Sector<\/em>\u00a0(\u201cQuebec\u2019s Private Sector Act<\/strong>\u201d).<\/li>\n<\/ol>\n\n\n\n

    What were the regulators\u2019 findings and why TikTok\u2019s practices raised concerns<\/h2>\n\n\n\n

    TikTok collects extensive personal information from its users to support a variety of business functions, including content personalization, targeted advertising, improving the effectiveness of advertising campaigns, enforcing platform policies, promoting security, and developing its machine learning models and algorithms. The Offices examined whether using children\u2019s personal information for content personalization and ad targeting would be considered appropriate under Canadian privacy laws.<\/p>\n\n\n\n

    TikTok maintained that it does not intentionally collect or use the personal information of underage users. However, evidence showed that large numbers of children continue to use the platform and that TikTok has not implemented effective safeguards to prevent their access or to stop their personal information from being collected and exploited. In fact, TikTok acknowledged that it bans approximately 500,000 underage Canadian accounts each year but relies heavily on weak detection methods, such as self-declared birthdates and limited human moderation tools, leaving many underage users undetected.<\/p>\n\n\n\n

    Regulators found this inadequate given the sensitivity of children\u2019s data and TikTok\u2019s ability to use sophisticated tools for other business purposes. Importantly:<\/p>\n\n\n\n