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The Department of Justice (DOJ) has filed a lawsuit against TikTok and its parent company, ByteDance, for violating the Children’s Online Privacy Protection Act (COPPA) by not adequately safeguarding children’s privacy.
What’s the deal: According to the DOJ, TikTok has two types of accounts: one for children and one for adults. Beginning in 2019, TikTok allegedly allowed children to create regular accounts meant for adults, which enabled them to interact with adults and access adult content while unlawfully collecting personal information like email addresses. Even in “Kids Mode,” designed for younger users, TikTok is accused of collecting personal data without proper parental notification or consent. The complaint further asserts that TikTok frequently failed to honor parents’ requests to delete their children’s accounts and associated data.
What the government is seeking: The Federal Trade Commission (FTC) and the Department of Justice (DOJ) are aiming for significant penalties against TikTok. The FTC is proposing fines of up to $51,744 per violation per day, which could add up to billions of dollars due to the extensive and ongoing nature of TikTok’s data collection from children. The DOJ has not yet specified the amount they are seeking from TikTok.
TikTok responds: In a statement, a spokesman for TikTok said, “We disagree with these allegations, many of which relate to past events and practices that are factually inaccurate or have been addressed.”
What the DOJ is saying: In a statement, Associate Attorney General Benjamin Mizer said, “The Department is deeply concerned that TikTok has continued to collect and retain children’s personal information despite a court order barring such conduct. With this action, the Department seeks to ensure that TikTok honors its obligation to protect children’s privacy rights and parents’ efforts to protect their children.
FTC chimes in: FTC Chair Lina Khan said, “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country. The FTC will continue to use the full scope of its authorities to protect children online — especially as firms deploy increasingly sophisticated digital tools to surveil kids and profit from their data.”
