Social media platform TikTok and its parent company ByteDance are embroiled in a legal battle with the United States Department of Justice (DOJ) over allegations of violating children’s privacy laws. The DOJ announced on Friday that it has filed a civil lawsuit against TikTok for failing to comply with the Children’s Online Privacy Protection Act (COPPA), particularly by allowing children under the age of 13 to create accounts without parental consent and inadequately protecting their personal information.
The DOJ’s complaint, filed in the US District Court for the Central District of California, asserts that TikTok knowingly permitted these infractions, resulting in unauthorized data collection from minors. The complaint cites multiple failures, including TikTok’s alleged neglect in adhering to parental requests for the deletion of accounts and personal information. The plaintiffs argue:
“For years, Defendants have knowingly allowed children under 13 to create and use TikTok accounts without their parents’ knowledge or consent, have collected extensive data from those children, and have failed to comply with parents’ requests to delete their children’s accounts and personal information. … To put an end to TikTok’s unlawful massive-scale invasions of children’s privacy, the United States brings this lawsuit seeking injunctive relief, civil penalties, and other relief.”
This legal action is taking place in the context of past legal entanglements involving TikTok. A 2019 lawsuit against TikTok’s predecessor, Musical.ly, had already mandated measures to ensure compliance with COPPA, which TikTok allegedly continued to violate, even in features like its “Kids Mode”.
In addition to seeking financial penalties, the DOJ aims to secure injunctive relief addressing the issue of children’s privacy on one of the world’s major social media platforms. President Joe Biden’s administration has been proactive in scrutinizing TikTok: in April, Biden signed a bill that designated TikTok and ByteDance-operated apps as “foreign adversary controlled applications”. This legislative action forces divestment by TikTok within 270 days, subject to a 90-day extension, to avoid a ban in the U.S.
The backdrop of this recent DOJ action includes TikTok and ByteDance’s suit against the U.S. Government, arguing that the measures violate the First Amendment. As this high-stakes litigation progresses, it underscores the ongoing regulatory and compliance challenges faced by social media companies operating on a global scale.
For further details, the full announcement is available here.