TikTok Faces Legal Reckoning Over Child Privacy Breaches

TikTok, the social media behemoth, is under fire again. The U.S. Department of Justice and the Federal Trade Commission have taken the company to court, accusing it of violating children’s privacy laws systematically. The lawsuit, filed in the U.S. District Court for the Central District of California, targets TikTok, its parent company ByteDance Ltd., and their affiliates for breaching the Children’s Online Privacy Protection Act (COPPA).

The complaint is damning. Since 2019, TikTok allegedly allowed children under 13 to create accounts on its regular platform, where they could engage with adults and access potentially harmful content. More troubling, TikTok is accused of collecting a range of personal information from these young users without notifying them or obtaining consent from their parents. This practice flies in the face of COPPA, which mandates that such data collection requires explicit parental approval.

Even in “Kids Mode,” a version of the app designed for younger users, TikTok reportedly illegally collected email addresses and other personal information. When parents attempted to delete their children’s accounts, TikTok often failed to honor these requests, revealing a deeper issue with the company’s internal practices.

This isn’t the first time TikTok has faced scrutiny. In 2019, its predecessor, Musical.ly, was also sued for similar COPPA violations, resulting in a court order demanding compliance with the law. Despite this, TikTok continued its practices, prompting the latest legal action.

“The Department is deeply concerned that TikTok has continued to collect and retain children’s personal information despite a court order barring such conduct,” stated Acting Associate Attorney General Benjamin C. Mizer. The lawsuit seeks civil penalties and an injunction to prevent further violations.

Principal Deputy Assistant Attorney General Brian M. Boynton emphasized the necessity of the action, saying, “This action is necessary to prevent the defendants, who are repeat offenders and operate on a massive scale, from collecting and using young children’s private information without any parental consent or control.”

This lawsuit adds to TikTok’s growing list of legal troubles. In May 2023, Montana became the first state to ban the app, citing concerns over data privacy and its potential ties to the Chinese Communist Party. The ban, set to take effect in January, threatens fines of $10,000 per day for each violation.