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In a lawsuit filed by the Department of Justice and the Federal Trade Commission back in August, it’s alleged that TikTok collected personal information from children under the age of 13 without first gaining parental consent. The lawsuit brings claims that TikTok violated provisions of the Children’s Online Privacy Protection Act dating back to at least 2019.
COPPAct safeguards the privacy of children under 13 by prohibiting websites from collecting or sharing personal details without parental consent. It also calls for child data to be deleted upon request from parents. The lawsuit alleges TikTok did neither, even after a 2019 settlement over similar allegations against predecessor app Musical.ly, which TikTok had acquired.
In a strongly-worded statement, DOJ attorney Brian Boynton said action had to be taken against “repeat offenders operating on a massive scale” who put “young children’s private information at risk without consent.” Boynton explained that the lawsuit had sought penalties and assurances from TikTok to better protect minor privacy going forward.
She said that echoing concerns, FTC Chair Lina Khan emphasized how the Commission is committed to using all tools within its means to protect children online, particularly now that firms turn to sophisticated tactics of “surveil kids and profit from their data.”.
The lawsuit also alleged that the “Kids Mode” of TikTok and mechanisms for removing accounts of underage children at a parent’s request were not in compliance. Framing the purported misconduct as continuing and flagrant—with both enforcers specifically highlighting the fact that the conduct continued despite the prior settlement—this enforcement action seeks to remove any doubt about what is expected of TikTok regarding the collection of children’s data.
