TikTok and Parent Company Face Lawsuit Over Alleged Children’s Data Privacy Violations

The Biden administration has filed a lawsuit against TikTok and its parent company, ByteDance, alleging that they failed to protect the data privacy of children using the popular social media platform. The complaint, filed on August 2nd, came from both the Federal Trade Commission (FTC) and the Department of Justice. It claims that TikTok violated the Children’s Online Privacy Protection Act (COPPA) and an associated FTC rule that outlines how online services should handle data from children under the age of 13.

According to the complaint, TikTok breached a 2019 court order that aimed to address similar allegations of COPPA violations. The Department of Justice (DOJ) alleged that TikTok collected and retained children’s personal information, such as email addresses, without obtaining parental consent. Additionally, the company reportedly failed to honor parents’ requests to delete their children’s accounts. The DOJ also highlighted deficiencies in TikTok’s internal policies for identifying and deleting children’s accounts on the platform.

In response to the allegations, a TikTok spokesperson denied them, stating that many of the claims relate to past events or practices that have been addressed. The spokesperson emphasized the company’s efforts to protect children, including age-appropriate experiences, stringent safeguards, and features such as default screen time limits and additional privacy protections for minors.

The Biden administration is seeking a permanent injunction and civil penalties for each violation of the FTC’s rule. The defendants, which include various entities of ByteDance and TikTok, could face penalties of around $51,000 per violation assessed after January 10, 2024. It is worth noting that a previous order in 2019 resulted in a $5.7 million penalty for TikTok.

One of the key issues raised in the complaint is TikTok’s “Kids Mode,” which allows users under the age of 13 to view videos but not create or upload them. The DOJ claims that TikTok did not obtain parental consent for this mode and knowingly allowed children under 13 to create accounts in the regular TikTok experience. While TikTok has an “age gate” that asks for a user’s birthday, the administration argues that it is insufficient, as younger users often misrepresent their age when encountering it.

This lawsuit adds to the challenges faced by ByteDance, a Chinese internet company. Earlier this year, Washington enacted a law requiring ByteDance to divest from TikTok or face a ban in the United States. TikTok is currently challenging this requirement in court, with the company arguing that it violates the Constitution. The Department of Justice has responded by stating that TikTok has raised national security concerns that go beyond normal First Amendment protection. The DOJ expressed concerns that Beijing could potentially gain control over sensitive data from TikTok’s 170 million U.S. users and strategically use it to undermine national security.

In conclusion, the lawsuit against TikTok and ByteDance by the Biden administration highlights the allegations of data privacy violations, particularly regarding children’s personal information. The complaint claims that TikTok failed to obtain parental consent and did not adequately address the issue of underage users misrepresenting their age. The outcome of this lawsuit will have significant implications for both TikTok and the broader debate surrounding data privacy and national security concerns related to Chinese-owned companies operating in the United States.