The Department of Justice (DOJ) has filed a lawsuit against TikTok and its parent company, ByteDance, for allegedly violating children’s privacy laws. The lawsuit claims that TikTok failed to comply with the Children’s Online Privacy Protection Act (COPPA), which mandates parental consent before collecting personal information from users under 13.
The Federal Trade Commission (FTC) joined the DOJ in this legal action after conducting its own investigation into TikTok’s practices. The government seeks to halt what it describes as “unlawful massive-scale invasions of children’s privacy” by the social media giant.
Allegations of Widespread Violations
According to the lawsuit, TikTok knowingly allowed children under 13 to create accounts on its platform without obtaining necessary parental consent. This enabled these young users to share videos and messages, thus exposing their personal information to others. The DOJ alleges that for years, millions of American children have been using TikTok, during which time the company collected and retained their personal data without proper authorization.
FTC Chair Lina Khan highlighted the gravity of the situation, stating, “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country.” The FTC is pursuing significant penalties against TikTok, potentially amounting to billions of dollars if the company is found liable, with fines reaching up to $51,744 per violation per day.
TikTok’s Response to the Allegations
TikTok has refuted the lawsuit’s claims, arguing that the allegations pertain to outdated practices and that the company has since implemented changes to its privacy policies to better protect children. A TikTok spokesperson told FOX Business, “We disagree with these allegations, many of which relate to past events and practices that are factually inaccurate or have been addressed.”
The company emphasized its commitment to safeguarding children’s privacy, noting that it offers age-appropriate experiences, removes suspected underage users, and has introduced features like default screentime limits and Family Pairing. TikTok also highlighted additional privacy protections for minors as part of its ongoing efforts to enhance user safety.
Future Implications and Legislative Actions
In addition to the current lawsuit, ByteDance faces a January 19, 2025 deadline to sell its U.S. assets or risk a ban on TikTok within the United States. This impending deadline stems from separate legal and regulatory challenges the company is navigating. TikTok and ByteDance have filed a separate lawsuit challenging the constitutionality of this divestiture requirement, which remains pending in federal court.
Furthermore, Congress is considering a bill that would extend COPPA protections to cover teenagers up to age 17. The proposed legislation, which passed the Senate with a bipartisan vote of 91-3, aims to ban targeted ads to kids and teens and grant parents and children the option to delete their personal information from social media platforms. This bill now awaits consideration in the House of Representatives and requires President Biden’s signature to become law.
