TikTok and ByteDance Face Another US Lawsuit, Now Over Children Privacy

The lawsuit, filed on August 2 by the U.S. Justice Department and Federal Trade Commission (FTC), alleges that TikTok and ByteDance violated the privacy of young users by collecting their personal information. The plaintiffs argue that TikTok breached the Children's Online Privacy Protection Act (COPPA), and violated the 2019 agreement between TikTok and the FTC that was intended to safeguard children’s privacy on the platform.

The lawsuit follows a 2019 case in which the US Government accused Musical.ly (a precursor to TikTok, acquired by ByteDance in 2017) of COPPA violations. ByteDance and TikTok were ordered to comply with the COPPA as part of the settlement, which the current lawsuit claims they have failed to do.

“From 2019 to the present, TikTok knowingly permitted children to create regular TikTok accounts and to create, view, and share short-form videos and messages with adults and others on the regular TikTok platform,” the civil lawsuit said.

Further, the suit claims that TikTok collected and retained extensive personal information from its young users without notifying or obtaining consent from the children’s parents.

It’s known that TikTok offers a “Kids Mode” for children who say they are under 13. This version is supposed to limit their interactions on the platform, including the ability to create and upload videos and restricting messaging with other users.

However, the platform reportedly failed to inform parents or seek their consent for the restricted accounts. This, therefore, suggests that the defendants unlawfully collected children’s contact details (email addresses) and other types of personal information, including “app activity data, device information, mobile carrier information, and app information.”

Additionally, the Justice Department claims that TikTok’s age verification process can be easily bypassed, with platform moderators spending only an average of 5 to 7 seconds reviewing profiles to determine if they belong to children.

"As a result, for years millions of American children under 13 have been using TikTok and defendants have been collecting and retaining children's personal information," the suit said.

In response to the allegations, a TikTok spokesperson explained that the platform effectively provides "age-appropriate experiences with stringent safeguards" and "proactively" removes users believed to be underage. "We disagree with these allegations, many of which relate to past events and practices that are factually inaccurate or have been addressed," the spokesperson stated.

Meanwhile, the plaintiffs are seeking permanent injunctions against future violations of the child privacy law, civil penalties for past violations, and "any additional relief" deemed appropriated by the U.S. District Court for the Central District of California.