TikTok Faces Lawsuit Over Alleged Child Privacy Violations

The Department of Justice has filed a lawsuit against TikTok, accusing the social media platform of allowing children under 13 to create accounts without parental consent and collecting extensive data on them, in violation of the Children's Online Privacy Protection Act (COPPA).

Uncovering TikTok's Alleged Disregard for Child Privacy

Bypassing Parental Consent

The DOJ claims that TikTok's "Kids Mode" feature enabled underage users to create accounts without their parents' knowledge or permission. When a child under 13 entered their age on the app, they would be prompted to create a username, which did not contain personal information, and a Kids Mode account would be generated. However, the app allegedly failed to notify parents or obtain their consent, as required by COPPA.

Collecting Personal Data

According to the lawsuit, TikTok collected various types of personal information on these underage users, including unique device identifiers and IP addresses, as part of the Kids Mode account creation process. The DOJ claims that this data collection violated COPPA's strict regulations on handling children's personal information.

Failing to Delete Accounts

The complaint also alleges that TikTok failed to delete the accounts of children under 13 when requested by their parents, another violation of COPPA's requirements. This further demonstrates the platform's alleged disregard for the privacy and protection of its youngest users.

Deficient Age-Gating Techniques

The DOJ asserts that TikTok's age-verification methods were "deficient in multiple ways." The complaint cites instances where users could restart the account creation process even after initially entering a birthday indicating they were under 13. Additionally, TikTok allegedly allowed users to log in through Instagram or Google, which would categorize the accounts as "age unknown," circumventing the platform's age-gating system.

Lack of Compliance Records

The lawsuit further claims that TikTok failed to comply with a 2019 injunction that required the platform to maintain records of its COPPA compliance efforts. This lack of documentation has made it challenging for the DOJ to determine the full scale of TikTok's alleged violations.

Potential Penalties and Consequences

The DOJ is seeking to prevent TikTok from violating COPPA in the future and to impose civil penalties for each violation. Under the FTC Act, these penalties can reach up to ,744 per violation, per day, potentially resulting in significant financial consequences for the platform.

Ongoing Regulatory Scrutiny

The complaint against TikTok comes as the platform faces additional legal challenges, including a lawsuit against a new US law that could potentially lead to its ban unless its Chinese parent company, ByteDance, agrees to spin it off. This latest lawsuit underscores the growing regulatory scrutiny surrounding TikTok's data privacy practices, particularly when it comes to protecting the personal information of children.