US sues TikTok for extensive child privacy violations

Millions of American children under 13 have been using TikTok and the app collecting their personal data

WASHINGTON:

The United States filed a lawsuit on Friday accusing TikTok of violating children's privacy by collecting data without parental consent, a breach of the Children's Online Privacy Protection Act (COPPA). The Department of Justice and the Federal Trade Commission (FTC) joined forces in this civil suit against the popular video-sharing app and its Chinese parent company, ByteDance.

"TikTok knowingly and repeatedly violated kids' privacy, threatening the safety of millions of children across the country," said FTC Chair Lina Khan. The suit contends that since 2019, TikTok has allowed children to use the app, collecting personal data without parental permission, even in "Kids Mode."

The US alleges that for years millions of American children under 13 have been using TikTok and the site "has been collecting and retaining children's personal information."

"TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country,” said FTC Chair Lina Khan, whose agency in June referred the case to the Justice Department.

The FTC is seeking penalties of up to $51,744 per violation per day from TikTok for improperly collecting data, which could theoretically total billions of dollars if TikTok were found liable.

Reuters in 2020 first reported the FTC and Justice Department were looking into allegations the popular social media app failed to live up to a 2019 agreement aimed at protecting children's privacy.

ByteDance is also facing allegations from the US Justice Department that the platform poses a national security threat. The department cited concerns that ByteDance could be compelled to share user data with the Chinese government or manipulate content, thus undermining American interests.

"Given TikTok's broad reach within the United States, the capacity for China to use TikTok's features to achieve its overarching objective to undermine American interests creates a national-security threat of immense depth and scale," the Justice Department stated.

TikTok disputes these claims, arguing that the law forcing its sale violates the First Amendment. "The TikTok ban would silence 170 million Americans' voices, violating the First Amendment," the company stated.

In response, the Justice Department maintains that the law addresses national security, not free speech, emphasizing the need to prevent ByteDance from using children's private information without parental consent. "This action is necessary to prevent the defendants from collecting and using young children's private information without any parental consent or control," said Deputy Assistant Attorney General Brian Boynton.

The current lawsuit follows a 2019 case against ByteDance’s predecessor, Musical.ly, for similar COPPA violations. TikTok had agreed to comply with COPPA regulations but allegedly failed to do so effectively.

TikTok continues to face scrutiny over data privacy issues. The FTC is seeking penalties of up to $51,744 per violation per day from TikTok for improperly collecting data, potentially amounting to billions of dollars.

The Biden administration's crackdown on TikTok includes a bill signed earlier this year requiring ByteDance to divest TikTok’s US assets by January 2025 or face a ban. ByteDance has no plans to sell TikTok, setting the stage for a legal battle likely to reach the US Supreme Court.

"TikTok disagrees with these allegations, many of which relate to past events and practices that are factually inaccurate or have been addressed," the company stated. "We are proud of our efforts to protect children and will continue to update and improve the platform."

The ongoing legal disputes highlight the broader tension between the US government and TikTok over privacy and national security concerns.