US Justice Department Sues TikTok Over Alleged Violations of Children’s Privacy Law

The US Justice Department has filed a lawsuit against TikTok and its parent company, ByteDance, accusing them of unlawful practices related to children’s privacy. The lawsuit, filed Friday in a California district court, alleges that TikTok has violated the Children’s Online Privacy Protection Act (COPPA) by allowing children under 13 to create accounts without parental consent and by unlawfully collecting and retaining their personal data.

According to the complaint, TikTok has failed to adhere to a 2019 agreement with the Federal Trade Commission (FTC) that aimed to address previous violations of COPPA. The 2019 settlement required TikTok to implement specific measures to comply with COPPA, which includes obtaining verifiable parental consent before collecting personal information from children. The Justice Department’s lawsuit claims that TikTok has continued to breach these requirements.

The complaint highlights that despite offering a “Kids Mode” intended for users under 13, TikTok has still permitted children to create accounts in the standard app environment. The lawsuit alleges that TikTok has collected sensitive personal data from these children, including email addresses, phone numbers, and location information, without obtaining proper parental consent. Additionally, the lawsuit accuses TikTok of failing to honor requests from parents to delete their children’s information.

FTC Chair Lina Khan criticized TikTok’s practices, stating, “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country.” The lawsuit seeks civil penalties and a court order to prevent future violations of COPPA.

TikTok has responded to the allegations with a strong rebuttal. Spokesperson Michael Hughes argued that many of the claims pertain to past practices that are either inaccurate or have already been addressed. Hughes emphasized TikTok’s ongoing efforts to enhance child safety on the platform, citing features such as age-appropriate experiences, default screen time limits, Family Pairing, and additional privacy protections for minors. He also noted that the company proactively removes suspected underage users.

The lawsuit adds to TikTok’s legal troubles in the United States, where it is also facing potential restrictions or a ban under separate legal challenges. Additionally, the company has previously encountered issues with children’s privacy in Europe and other parts of the world as well.