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What TikTok told MEITY about its intermediary status, data collection, and policies for children

Screenshots from TikTok App

"Tiktok is an intermediary as defined under Section 2 (1) (w) of the Information Technology Act, 2000. TikTok does not generate content is hosted on the platform," said Bytedance in its response to 21 questions raised by MEITY in July about TikTok and Helo's policies and practices. TikTok is an intermediary under Section 79 of the IT Act, 2000, and with all requirements under the Intermediaries Guidelines Rules, 2011, said Bytedance. In fact, both TikTok and Helo are also compliant with Section 8 and 9 of the draft amendments to the Intermediary Rules 2018, that require takedown of unlawful content within 24 hours, and proactive monitoring of content. In July, RSS affiliate Swadeshi Jagran Manch, had written to the PMO in July, raising issues around TikTok. The PMO had told MEITY to "keep a close watch" on TikTok. MEITY had sent TikTok/Bytedance a list of 21 questions on data collection, its intermediary status, and steps to protect children, among other things. MEITY disclosed via RTI the questions it had sent to Bytedance/TikTok, and the company's response to the questions. Here is what the RTI revealed: What data do TikTok and Helo collect? Both TikTok and Helo collect personal and non-personal data about users, on the basis of consent and full disclosure. Data collected is guided by i) purpose limitation: only information necessary for functioning of the platform is collected, and ii) transparency: apps disclose the data being collected in their terms of use and privacy policy. This makes both platforms…

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