TikTok is challenging the federal government’s order to shut down its operations in Canada.
In November, the federal government
ordered TikTok to wind up its business in Canada, citing national security concerns over its ties to the Chinese-owned parent company, ByteDance.
TikTok filed documents in Federal Court in Vancouver on Dec. 5, seeking to overturn the order to cease operations in Canada. It said that the order from Innovation Minister François-Philippe Champagne was “unreasonable” and that it bore “no rational connection to the national security risks it identifies.”
A spokesperson from the minister’s office highlighted that the order was informed by a thorough national security review.
“While we respect the legal process, we stand by our decision to prioritize Canadians’ safety and security,” Audrey Milette said in a Dec. 11 statement provided to The Epoch Times.
The minister’s order followed a multi-step national security review process, launched
last September involving national security and intelligence agencies. The decision was made under the Investment Canada Act, which enables the review of foreign investments that may pose a risk to national security, the government said when announcing the order for TikTok’s closure.
While Ottawa has not banned Canadians from using the app, it has urged users to be mindful of cybersecurity risks and consider how their information is protected, managed, and shared by foreign actors. In February 2023, Canada
banned the short-video streamlining application from all government-issued devices, saying that “it presents an unacceptable level of risk to privacy and security.”
TikTok’s data collection methods and privacy practices are also under scrutiny in the United States and
Australia, where concerns were raised about the transfer of user data to China. Under China’s
National Intelligence Law, Chinese citizens and organizations, including private companies, are required to support and cooperate with the government’s intelligence operations.
David Lieber, head of TikTok’s privacy public policy for the Americas,
confirmed to MPs at the House of Commons ethics committee last October that the video sharing app’s Chinese parent company has access to user data.
Last week, a U.S. court
overturned challenges from TikTok, ByteDance, and a group of TikTok users against a law requiring the app to sever ties with the Chinese regime to continue operating in the United States. ByteDance must divest from TikTok in the country by Jan. 19, 2025, or face a ban from mobile app stores and web hosting services under legislation
signed into law by President Joe Biden in April.
Privacy Probe
In addition to the national security review, the Privacy Commissioner of Canada, Philippe Dufresne, is also leading an investigation into TikTok’s privacy practices, alongside his counterparts in Quebec, British Columbia, and Alberta.
The investigation examines TikTok’s compliance with Canadian privacy laws, including whether consent is obtained for the collection, use, and disclosure of personal information, with a particular focus on protecting the privacy of children and youth. Dufresne
testified before the House of Commons ethics committee on Dec. 10 that the investigation is expected to conclude in the coming months.
During the committee meeting, Conservative MP Michael Barrett raised concerns that the order for TikTok to close its operations could hinder the Privacy Commissioner’s investigation, as there would be no entity in Canada to collaborate with on the probe.
Dufresne noted that his office, which has no enforcement powers, would need to contact TikTok’s foreign parent company if a clear and strong connection to Canada is found—such as Canadian users being impacted—since Canadian law applies in such cases, even if the organization has no offices in Canada.
“Certainly, in terms of compelling powers, if there’s a refusal to provide us with documentation, it’s easier if the organization is in Canada,” he said.
The Canadian Press contributed to this report.
