The US Department of Justice is suing TikTok for violating a child privacy law and violating a 2019 agreement with the Federal Trade Commission for previous privacy violations. The lawsuit stems from an earlier investigation into the company by the Federal Trade Commission, which referred its privacy case to the DoJ earlier this year.
The FTC had been looking into whether TikTok had violated the terms of an earlier privacy settlement with Musical.ly, which was acquired by ByteDance prior to the launch of TikTok. According to the FTC, the investigation found that TikTok had “flagrantly” violated both the 2019 settlement and the Children’s Online Privacy Protection Act (COPPA).
In a statement, the Justice Department also cited TikTok’s collection of personal information about children on its platform and its failure to comply with the requests for the information to be deleted.
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 defendants collected and retained a wide variety of personal information from these children without notifying or obtaining consent from their parents. Even for accounts that were created in “Kids Mode” (a pared-back version of TikTok intended for children under 13), the defendants unlawfully collected and retained children’s email addresses and other types of personal information. Further, when parents discovered their children’s accounts and asked the defendants to delete the accounts and information in them, the defendants frequently failed to honor those requests. The defendants also had deficient and ineffectual internal policies and processes for identifying and deleting TikTok accounts created by children.
In a statement, TikTok said it took issue with the allegations, saying it had previously addressed some of the conduct described by the Justice Department. “We disagree with these allegations, many of which relate to past events and practices that are factually inaccurate or have been addressed,” the company said. “We are proud of our efforts to protect children, and we will continue to update and improve the platform. To that end, we offer age-appropriate experiences with stringent safeguards, proactively remove suspected underage users, and have voluntarily launched features such as default screentime limits, Family Pairing, and additional privacy protections for minors.”
The lawsuit comes at a particularly inconvenient time for TikTok, which is set to face off with the Justice Department in federal court next month over a law that aims to force ByteDance to sell the app or face a ban in the United States.
