On August 5, 2024, the U.S. Justice Department, in collaboration with the Federal Trade Commission (FTC), initiated a lawsuit against TikTok, accusing the popular social media platform of violating children’s privacy laws. The complaint alleges that TikTok, operated by China-based ByteDance, has unlawfully collected and retained personal data from users under the age of 13 without proper parental consent. This action is a continuation of regulatory scrutiny following a 2019 settlement involving TikTok’s predecessor, Musical.ly, which faced similar accusations. Despite previously paying a $5.7 million fine and agreeing to comply with the Children’s Online Privacy Protection Act (COPPA), the new lawsuit claims that TikTok has failed to adhere to these requirements.
According to the lawsuit, TikTok not only allowed children to create accounts without verifying their age or obtaining parental approval but also retained their personal data despite requests for account deletions from parents. The complaint highlights that TikTok’s “Kids Mode,” intended for users under 13, still allowed data collection and did not fully restrict account creation. Federal officials also assert that TikTok engaged in practices that facilitated data sharing with other companies, such as Meta’s Facebook and the analytics firm AppsFlyer, to target younger users more effectively.
TikTok has responded to the allegations by disputing their accuracy and emphasizing the measures it has implemented to comply with privacy regulations. The company argues that it has proactively introduced features like screen time limits, Family Pairing, and enhanced privacy protections to safeguard young users. Despite these claims, the Justice Department and FTC maintain that TikTok’s policies have been insufficient and that the company’s practices have led to widespread violations of COPPA.
The lawsuit underscores ongoing concerns about how social media platforms manage children’s data and adhere to privacy laws. It reflects a broader trend of regulatory actions against tech companies for similar issues, following previous high-profile cases involving Google, YouTube, and Meta Platforms Inc. As the legal battle progresses, TikTok faces potential fines and a preliminary injunction aimed at preventing future violations, highlighting the increasing scrutiny of digital platforms’ handling of young users’ personal information.
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