The US Justice Department has filed a lawsuit against TikTok, alleging that the popular social media platform has violated children’s privacy laws. The suit claims that TikTok and its parent company, ByteDance, have failed to prevent children from accessing the app and have illegally collected their personal data. This legal move raises serious concerns about TikTok’s compliance with the Children’s Online Privacy Protection Act (COPPA).
According to the lawsuit, TikTok allowed children to create accounts without parental knowledge or consent, collecting sensitive information such as email addresses, phone numbers, and location data. The company is also accused of failing to honor parental requests to delete their children’s information, complicating efforts to protect minors’ online privacy.
This lawsuit is linked to a 2019 settlement between TikTok and the US Federal Trade Commission (FTC), which resolved previous allegations of illegal data collection from children under 13. As part of the settlement, TikTok was required to take specific actions to comply with COPPA. However, the Justice Department asserts that TikTok has continued to violate both the law and the terms of the 2019 agreement.
Despite introducing a “Kids Mode” for users under 13, TikTok allegedly allowed children to sign up for the standard version of the app. The company collected personal data from these young users without providing parental notice or obtaining verifiable parental consent. This non-compliance with COPPA is a central issue in the current lawsuit, filed in a California district court.
The lawsuit is part of broader scrutiny of TikTok, which faces potential bans in the US and has been fined in Europe for similar privacy issues. TikTok has previously been criticized for not sufficiently protecting young users.
Earlier this year, the FTC began investigating possible COPPA violations by TikTok. The current lawsuit, filed by the Justice Department following an FTC referral, claims that TikTok has knowingly and repeatedly violated children’s privacy, endangering millions of minors.
TikTok has disputed these allegations, stating that many pertain to past practices that have been addressed or are factually inaccurate. The company emphasizes its commitment to protecting children, citing features like default screen time limits, Family Pairing, and enhanced privacy protections for minors. Nevertheless, the lawsuit argues that TikTok has not adequately prevented children under 13 from using the app.
One claim in the lawsuit is that until late 2020, TikTok allowed children who were initially rejected for being under 13 to try again with a different birthdate, circumventing age restrictions. This loophole undermined COPPA compliance.
The lawsuit also highlights difficulties parents face in requesting the deletion of their children’s data. The process is described as complex, with TikTok often failing to honor deletion requests even when properly submitted.
Through this legal action, the Justice Department seeks civil penalties and a court order to prevent future COPPA violations. The lawsuit’s outcome could significantly impact TikTok’s US operations, particularly in handling young users’ data and privacy.