The Office of the Australian Information Commissioner has received an ‘extensive response’ from TikTok as it considers launching a full investigation into whether the social media platform is unlawfully harvesting information.

The OAIC confirmed last December that it was making inquiries in relation to TikTok’s handling of personal information amid allegations of data scraping.

Information Commissioner Angelene Falk told a senate estimates hearing last week that preliminary inquiries are ongoing and confirmed her office has received a response from TikTok.

“We have received a response from TikTok and that’s under consideration,” she said.

Privacy Commission Carly Kind said TikTok’s “extensive response” addressed various issues and included multiple annexes and an Excel spreadsheet.

It comes after the UK’s Information Commissioner’s Office fined TikTok 12,700,000 Euros for a number of breaches of data protection law, including failing to use children’s personal data lawfully.

Tracking pixel

Ms Falk said the OAIC’s current inquiries are related to TikTok’s compliance with the orders made in the UK, and whether TikTok proposes to make any adjustments to privacy settings for Australians.

They also ask questions around the use of a TikTok tracking pixel used to collect data from people who don’t even use the app – including email addresses, mobile phone numbers and browsing histories – and whether that complies with Australian privacy laws.

Many Australian companies that been identified as having used the TikTok Pixel have  stopped using it since the announcement of the OAIC’s inquiries, the committee heard, however some including Sportsbet have continued to use it.

High priority

Committee member Senator James Paterson put to Commissioner Falk: “If those companies in partnership with TikTok are continuing to collect information in contravention of the law, there are Australians becoming victims unknowingly of privacy breaches. This would be a high priority to resolve as quickly as possible, wouldn’t it?”

Ms Falk agreed this was a high priority.

“The information-handling practices of social media companies is a matter of regulatory priority for the OAIC,” she said.

“Upon examination of TikTok’s response, a decision will need to be made as to whether further regulatory action is warranted, and also whether any other action is warranted in relation to other entities that might be utilising this pixel. “

She said the OAIC hasn’t yet yet collected information from any of the websites identified as working in partnership with TikTok.

But she said this was within the power of the OAIC.

 “In any investigation, we have the opportunity to make inquiries of third parties and to elicit evidence that’s relevant to that investigation.”