In a significant legal move, Texas Attorney General Ken Paxton has initiated a lawsuit against TikTok, alleging that the platform unlawfully collects and disseminates personal information of minors to third parties. This lawsuit, filed on October 3, comes in the wake of the newly enacted Securing Children Online through Parental Empowerment (SCOPE) Act, which aims to safeguard minors from the dangers of online content and the often opaque data collection practices of digital service providers.
The SCOPE Act, which took effect on September 1, establishes stringent requirements for digital platforms regarding the handling of minors’ personal data. Specifically, it mandates that service providers must obtain explicit consent from parents or legal guardians before sharing or selling minors’ personal identifying information. Furthermore, the law compels these companies to implement tools that empower parents to monitor and manage their children’s online privacy and account settings.
In his legal complaint, Paxton asserts that TikTok, a subsidiary of the Chinese firm ByteDance, has failed to abide by these requirements. “Texas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same,” he stated, emphasizing the state’s commitment to safeguarding its youth in the digital landscape. Paxton’s lawsuit highlights a significant concern: while TikTok offers a “family pairing” feature designed to give parents oversight of their children’s accounts, this feature lacks robust verification processes. The lawsuit claims that minors themselves can approve or reject parental requests, a loophole that undermines the intended protective measures.
Moreover, Paxton alleges that TikTok’s family pairing functionality does not extend to controlling how the platform shares minors’ personal information or managing targeted advertising directed at younger users. This raises critical questions about the effectiveness of parental controls on social media platforms, where algorithms are designed to engage users, often at the expense of their privacy.
The lawsuit seeks civil penalties of up to $10,000 for each infringement of the SCOPE Act and aims to secure an injunction to prevent TikTok from further violations. “We will hold TikTok and other major technology companies accountable for exploiting Texas children and failing to prioritize minors’ online safety and privacy,” Paxton asserted, signaling a broader push for accountability among tech giants.
This legal action is not an isolated event; it aligns with ongoing scrutiny faced by TikTok at the federal level. In August, both the Federal Trade Commission and the Department of Justice filed a civil lawsuit against TikTok and ByteDance for alleged violations of the Children’s Online Privacy Protection Act (COPPA) of 1998. COPPA prohibits operators of websites and online services from collecting or sharing personal information from children under the age of 13 without parental consent. The DOJ’s allegations against TikTok included claims that the platform retained personal information from underage users without proper consent and failed to delete accounts upon parental request, thus violating a previous court order aimed at rectifying similar issues.
In response to these allegations, TikTok has consistently defended its practices, asserting that the claims stem from outdated events and have been addressed or are factually inaccurate. “We are proud of our efforts to protect children,” a spokesperson for TikTok stated in August, emphasizing the company’s initiatives to enhance user safety, including the introduction of age-appropriate experiences and tools aimed at promoting responsible usage among minors.
The implications of these legal challenges extend beyond TikTok. They reflect a growing recognition of the need for more robust regulations governing how digital platforms interact with young users. The SCOPE Act and similar legislative efforts signal a pivotal shift in the regulatory landscape, as states grapple with the complexities of protecting minors in an increasingly digital world.
As concerns about data privacy and online safety intensify, this case underscores the urgent need for parents to be vigilant about their children’s online interactions. It also raises broader questions about the responsibilities of tech companies in safeguarding the privacy of their youngest users. With ongoing legal battles and evolving regulations, the intersection of technology, law, and child safety remains a critical area for public discourse and action.
