Justice Department Sues TikTok and Parent Company ByteDance for Widespread Violations of Children’s Privacy Laws
Source:https://www.justice.gov/
The Justice Department and the Federal Trade Commission (FTC) have filed a civil lawsuit against TikTok Inc., ByteDance Ltd., and their affiliates in the U.S. District Court for the Central District of California. The lawsuit alleges that TikTok violated the Children’s Online Privacy Protection Act (COPPA) by collecting and using personal information from children under 13 without parental consent and failing to delete such information upon request.
COPPA prohibits websites from collecting, using, or disclosing personal information from children under 13 without parental consent and requires the deletion of such information upon request. In 2019, the government sued TikTok’s predecessor, Musical.ly, for COPPA violations. Since then, TikTok has been under a court order to implement specific measures to comply with COPPA.
The complaint alleges that from 2019 to now, TikTok allowed children to create standard accounts, where they could create, view, and share content, while collecting and retaining personal information without parental consent. Even in “Kids Mode,” TikTok unlawfully gathered children’s email addresses and other personal data. The company also failed to delete accounts and information upon parental request and had inadequate policies for identifying and removing child-created accounts.
Despite being under a court order to comply with COPPA, TikTok continued to violate the law by allowing children under 13 to use the standard app, leading to extensive data collection and interactions with adults. The complaint seeks civil penalties and injunctive relief.
Acting Associate Attorney General Benjamin C. Mizer expressed deep concern over TikTok’s continued collection of children’s personal information despite a court order prohibiting it. The Department aims to ensure TikTok complies with privacy protections for children and supports parents’ efforts to safeguard their children.
Principal Deputy Assistant Attorney General Brian M. Boynton emphasized the Justice Department’s commitment to protecting parental control over children’s privacy. The department aims to stop repeat offenders like TikTok from collecting and using children’s private information without consent. FTC Chair Lina M. Khan criticized TikTok for repeatedly violating children’s privacy and pledged the FTC’s continued efforts to safeguard children online amidst evolving digital surveillance practices.
The United States is represented in the case by Assistant Directors Rachael L. Doud and Zachary A. Dietert, and Trial Attorneys Ben Cornfeld and Marcus P. Smith from the Civil Division’s Consumer Protection Branch. The FTC is represented by Jonathan W. Ware, Iris Micklavzina, Sarah Choi, and Michael Sherling.
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