Política de privacidade e termos de serviço do “tiktok”: uma análise de sua proteção aos dados pessoais de adolescentes

Abstract

The Big Data era is marked by the significant connectivity of citizens and the sharing of information on the web. In this scenario, social networks have become a favorable space for social expression and the development of interpersonal relationships, especially for teenagers, who feel free to express their personality, seeking acceptance and belonging among their peers. Aware of this, social networks have been developed to engage them, such as TikTok, which is popular with this age group because of its design and accurate algorithm. However, it must be acknowledged that this age group is incapable of understanding all the consequences of processing their data, especially in terms of marketing and profiling. As such, it is subject to the risks characteristic of the asymmetrical relationship between platforms and users, adopting a position of hypervulnerability. Therefore, to promote the protection of their personal data, the duty of care of companies must be taken into account, which needs to use the principles of Integral Protection and principle of the best interests of the child as guidelines, along with Brazilian legislation. Given this scenario, this study asks the following: to what extent are TikTok’s current Terms of Service and Privacy Policy in line with the law and are they sufficient to promote the Integral Protection of Brazilian teenagers in relation to the processing of their personal data? To this end, we opted for the hypothetical deductive approach, establishing as a guiding hypothesis that "TikTok’s Terms of Service and Privacy Policy are not in line with the General Data Protection Law (LGPD) and do not have sufficient instruments for the full protection of personal data of Brazilian teenagers". In addition, the monographic procedure method was used and, in terms of research techniques, documentary and bibliographic research were used. Considering the analysis of the social network’s regulations, it was concluded that the developed clauses do not sufficiently comply with Brazilian legal norms regarding the protection of personal data and, consequently, do not present effective mechanisms for the full protection of teenage users, presenting contradictory and innocuous provisions that should be adjusted. Thus, the guiding hypothesis was true in both its questions.