In a significant legal move, the Department of Justice (DOJ) has filed a lawsuit against TikTok and its China-based parent company ByteDance, alleging the popular social media platform failed to protect children’s privacy. This action underscores growing concerns over TikTok’s data collection practices, particularly regarding the safety of its youngest users.
The DOJ claims TikTok violated the Children’s Online Privacy Protection Act (COPPA), a federal law designed to safeguard the privacy of children under the age of 13. COPPA mandates that any online service directed at children must obtain verifiable parental consent before collecting personal information from minors. The lawsuit, which the Federal Trade Commission (FTC) joined following its own investigation, seeks to halt what it describes as TikTok’s “unlawful massive-scale invasions of children’s privacy.”
According to the DOJ, TikTok knowingly allowed children to create regular accounts on the TikTok app, which enabled them to share videos and messages with other users, including adults. This practice allegedly led to the collection of personal data from minors without obtaining parental consent. The government contends that millions of American children under 13 have been affected, with TikTok retaining their personal information in violation of COPPA.
FTC Chair Lina Khan emphasized 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 seeking penalties of up to $51,744 per violation per day, potentially resulting in billions of dollars in fines if TikTok is found liable for its data collection practices.
In response to the lawsuit, TikTok has pushed back, arguing that the allegations pertain to past practices that have since been rectified. A spokesperson for TikTok stated, “We disagree with these allegations, many of which relate to past events and practices that are factually inaccurate or have been addressed. We are proud of our efforts to protect children, and we will continue to update and improve the platform.” The company highlighted measures such as default screen time limits, Family Pairing, and enhanced privacy protections for minors as evidence of their commitment to children’s safety.
Despite these assurances, the legal battle places significant pressure on TikTok and ByteDance. The company is already facing a January 19, 2025 deadline to divest its U.S. assets or risk a nationwide ban. Additionally, Congress is considering expanding COPPA to cover teenagers up to age 17, potentially imposing further restrictions on targeted ads and enhancing data deletion options for parents and children.
As the lawsuit progresses, the outcome could have profound implications for TikTok’s operations in the U.S. and its approach to children’s privacy. The case highlights the ongoing tension between technological innovation and regulatory oversight, particularly in protecting the most vulnerable online users.
