Sarah Travers
The US Justice Department has initiated legal proceedings against TikTok, accusing the widely used social media platform of violating children’s privacy regulations. The lawsuit claims that TikTok and its parent company, ByteDance, have inadequately prevented minors from accessing the app and have unlawfully collected their personal data. This legal action underscores significant concerns about TikTok’s adherence to the Children’s Online Privacy Protection Act (COPPA).
The lawsuit asserts that TikTok allowed minors to create accounts without parental consent or knowledge, collecting and retaining sensitive data such as email addresses, phone numbers, and location information. Furthermore, the company is alleged to have ignored parental requests to delete their children’s information, thereby complicating efforts to safeguard minors’ privacy online.
This legal challenge stems from a 2019 settlement between TikTok and the US Federal Trade Commission (FTC), which addressed previous accusations that TikTok had illegally gathered personal data from children under 13. The settlement required TikTok to implement specific measures to comply with COPPA. However, the Justice Department contends that TikTok has persistently breached both the law and the 2019 settlement terms.
Despite offering a “Kids Mode” for users under 13, TikTok allegedly permitted children to create accounts in the regular version of the app, gathering extensive personal data without notifying parents or obtaining verifiable parental consent. This failure to comply with COPPA forms a significant component of the current lawsuit, which was filed in a California district court.
This lawsuit is part of broader scrutiny of TikTok, which is also facing a legal battle over a potential law that could lead to the app being banned in the US. TikTok has previously faced criticism for not adequately protecting young users and has been fined in Europe for violating children’s privacy protections.
Earlier this year, the FTC began investigating potential COPPA violations by TikTok. Following a referral from the FTC, the Justice Department filed the current lawsuit, alleging that TikTok has knowingly and repeatedly violated children’s privacy, endangering millions of minors nationwide.
TikTok has responded to these allegations by contesting their validity. The company argues that many of the claims relate to past events and practices that have either been rectified or are factually incorrect. TikTok highlights its efforts to protect children, including features like default screen time limits, Family Pairing, and additional privacy protections for minors. Nonetheless, the lawsuit argues that TikTok has not done enough to ensure that children under 13 are kept off the app.
A particular allegation in the lawsuit is that up until late 2020, TikTok did not stop children who, after being rejected for entering a birthdate indicating they were under 13, from attempting to sign up again with an altered birthdate. This loophole allowed children to circumvent age restrictions, undermining the platform’s compliance with COPPA.
The lawsuit also points out the challenges parents face in requesting the deletion of their children’s data, describing the process as convoluted and asserting that TikTok often fails to honor such requests even when properly submitted.
Through this lawsuit, the Justice Department aims to impose civil penalties and obtain a court order to prevent future violations of COPPA. The outcome of this lawsuit could have significant repercussions for TikTok and its US operations, particularly regarding its management of young users’ data and privacy.
