The US Justice Department has launched a lawsuit against TikTok, accusing the popular social media platform of violating children’s privacy laws. The lawsuit alleges that TikTok, along with its parent company ByteDance, has failed to prevent children from joining the app and has unlawfully collected their personal data. This legal action highlights concerns over TikTok’s compliance with the Children’s Online Privacy Protection Act (COPPA).
According to the lawsuit, TikTok allowed children to create accounts without their parents’ knowledge or consent, collecting and retaining sensitive personal information such as email addresses, phone numbers, and location data. Additionally, the company is accused of not complying with parental requests to delete their children’s information, complicating efforts to protect minors’ privacy online.
This lawsuit is rooted in a 2019 settlement between TikTok and the US Federal Trade Commission (FTC). The settlement resolved previous allegations that TikTok had illegally collected personal information from children under the age of 13. As part of the settlement, TikTok was required to take specific measures to comply with COPPA. However, the Justice Department claims that TikTok has continued to violate both the law and the terms of the 2019 agreement.
Despite offering a “Kids Mode” designed for users under the age of 13, TikTok allegedly allowed children to create accounts in the regular version of the app. The company collected extensive personal information from these young users without providing parental notice or obtaining verifiable parental consent. This failure to adhere to COPPA regulations forms a significant part of the current lawsuit, filed in a district court in California.
The lawsuit is part of a broader scrutiny of TikTok, which is also engaged in a legal battle over a law that could potentially lead to the app being banned in the United States. TikTok has previously faced allegations of failing to keep young users safe and was fined in Europe for violating children’s privacy protections.
Earlier this year, the FTC began investigating potential COPPA violations by TikTok. The current lawsuit was filed by the Justice Department following a referral from the FTC. The Justice Department alleges that TikTok has knowingly and repeatedly violated children’s privacy, posing a threat to the safety of millions of children across the country.
TikTok has responded to these allegations by disputing their validity. The company claims that many of the allegations pertain to past events and practices that have either been addressed or are factually inaccurate. TikTok highlights its initiatives to safeguard children, pointing to features like default screen time limits, Family Pairing, and enhanced privacy protections for minors. Despite these measures, the lawsuit asserts that TikTok has not done enough to ensure that children under 13 are kept off the app.
The lawsuit specifically claims that until at least late 2020, if a child was denied an account for entering a birthdate showing they were under 13, TikTok allowed them to reattempt registration with a different birthdate. This loophole allowed children to bypass age restrictions, undermining the platform’s compliance with COPPA.
The lawsuit also highlights the difficulties parents face in requesting the deletion of their children’s data. The process is described as convoluted, with TikTok often failing to honor deletion requests even when submitted.
With this legal action, the Justice Department seeks civil penalties and a court order to prevent any future violations of COPPA. The outcome of this lawsuit could have significant implications for TikTok and its operations in the United States, particularly in terms of its handling of young users’ data and privacy.
