In a move many privacy experts would have seen coming, the United States Department of Justice (DOJ), has filed a lawsuit against TikTok. The DOJ alleged in the lawsuit that the popular video sharing app had violated federal laws by collecting personal information from minors without parental consent.
How is TikTok Violating Privacy?
The lawsuit, which was filed against TikTok and its parent company, ByteDance, accused the company of violating the Children’s Online Privacy Protection Act (COPPA) by allowing minors to create accounts without their parents’ knowledge or consent. The TikTok lawsuit also alleges that the firm collects and retains personal data from children, such as phone numbers, email addresses and location data, while repeatedly failing to comply with requests from parents and guardians to remove their minor’s information.
This latest lawsuit is the most recent in a long standing scrutiny of the video sharing app, which is also embroiled in a legal battle over a proposed law that could see the app banned in the United States. TikTok has also faced similar accusations about keeping minors safe, and was made to pay a fine in Europe on children's privacy concerns.
How it Began
The investigation into potential violations of COPPA by TikTok began earlier this year, spearheaded by The Federal Trade Commission, according to sources familiar with the matter. The commission hereafter referred the matter to the Department of Justice which then filed the lawsuit. In a statement released on Friday, Chair Lina Khan said:
“TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country.”
Reacting to the TikTok lawsuit, company spokesperson, Michael Hughes, had this to say:
“We disagree with these allegations, many of which relate to past events and practices that are factually inaccurate or have been addressed.”
Hughes also said the video sharing service company was proud of the efforts it had made to protect children, and that the company would continue to “update and improve the platform”. He described the age-appropriate experiences provided by the app as having stringent safeguards and that it proactively removes suspected underage users from the platform. The app also initiated and launched features such as Family Pairings, default screen time limits, as well as other privacy features set up primarily to protect minors.
The DOJ’s Stance
However, the Department of Justice is claiming TikTok hasn't been proactive enough to ensure minors under the age of 13 don't have access to the app, according to Friday's lawsuit. One of the claims in the lawsuit alleges that after initially rejecting a minor who tried to sign up for an account, TikTok did not set up effective blockades to prevent them from retrying with another birth date despite knowing from the previously provided birth date that the user was a minor. The DOJ alleged that this went on until at least, late 2020.
The bit-video platform, which is Chinese-owned, has around 170 million US users. TikTok is currently fighting a new law that would compel its parent company ByteDance to divest its US assets by January 19, 2025 or face a ban.