In a significant legal move, the U.S. Federal Trade Commission (FTC) and the Justice Department have filed a lawsuit against TikTok and its parent company, ByteDance, accusing them of violating the Children’s Online Privacy Protection Act (COPPA). This law mandates that digital platforms must obtain parental consent before collecting or using personal data from children under 13.
The Allegations
According to the FTC, TikTok and ByteDance were aware of COPPA requirements but allegedly allowed millions of children under 13 to access their platform, despite a 2019 settlement where TikTok paid $5.7 million for similar violations. The 2019 agreement included measures to prevent children under 13 from using TikTok, but the FTC claims these measures were insufficient and poorly enforced.
The FTC’s press release reveals that TikTok’s approach to enforcing age restrictions was inadequate. It notes that TikTok’s human reviewers took only five to seven seconds to determine whether an account belonged to a child, raising concerns about the thoroughness of these checks. Additionally, TikTok allegedly continued to collect and use data from underage users, including data used for targeted advertising, even after employee concerns were raised.
Issues with TikTok Kids Mode
The lawsuit also criticizes TikTok’s Kids Mode, a version of the app designed to be more compliant with COPPA. The FTC claims that Kids Mode collected excessive data, including users’ in-app activities and identifiers, which TikTok used to create detailed profiles and share with third parties. Furthermore, the FTC argues that TikTok made it difficult for parents to delete their children’s accounts and often failed to comply with deletion requests.
FTC Chair Lina Khan stated, “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country.” She emphasized that the FTC will continue to use its authority to protect children online, especially as digital tools become more sophisticated.
TikTok’s Response
TikTok disputes the allegations, stating that many relate to past practices that have been addressed or are inaccurate. The company emphasized its commitment to child protection through age-appropriate experiences, proactive measures to remove underage users, and features like default screen time limits and Family Pairing.
Potential Penalties
The FTC and Justice Department are seeking civil penalties of up to $51,744 per violation per day and a permanent injunction to prevent future COPPA violations. This legal action underscores the increasing scrutiny tech companies face regarding their handling of children’s data.
My Perspective
The legal battle against TikTok highlights a critical issue in the digital age: protecting children’s privacy. As platforms become more ingrained in our lives, ensuring they adhere to privacy laws is essential. TikTok’s case serves as a reminder of the ongoing need for rigorous enforcement of COPPA and the importance of transparency and accountability from tech companies. As the situation unfolds, it will be interesting to see how TikTok addresses these allegations and what broader implications this case may have for the industry.
