Editor’s Note: In a significant legal action, the United States Department of Justice (DOJ) and the Federal Trade Commission (FTC) have jointly filed a lawsuit against TikTok and its parent company, ByteDance, for alleged violations of the Children’s Online Privacy Protection Act (COPPA). This lawsuit underscores the critical need for stringent data protection measures and parental oversight to safeguard children’s privacy in the digital age. For professionals in cybersecurity, information governance, and eDiscovery, this case highlights the ongoing regulatory scrutiny faced by tech companies and the importance of compliance with privacy laws to protect vulnerable users.


Content Assessment: DOJ and FTC Sue TikTok for Alleged Violations of Children’s Online Privacy

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Industry News – Data Privacy and Protection Beat

DOJ and FTC Sue TikTok for Alleged Violations of Children’s Online Privacy

ComplexDiscovery Staff

On Friday, the United States Department of Justice (DOJ) and the Federal Trade Commission (FTC) filed a lawsuit against TikTok and its parent company, ByteDance, alleging violations of the Children’s Online Privacy Protection Act (COPPA). The agencies assert that TikTok has illegally collected and retained personal data of children under the age of 13 without obtaining parental consent, a requirement mandated by COPPA. The lawsuit also accuses TikTok of allowing children to create accounts and share content without adequate age verification or parental oversight, thereby exposing young users to potential interactions with adults and inappropriate content. According to the allegations, TikTok has not only failed to meet the obligations of a 2019 settlement aimed at protecting children’s privacy but has also continued practices that put millions of young users at risk.

The DOJ’s complaint states, “TikTok knowingly permitted children to create regular TikTok accounts, and then create and share short-form videos and messages with adults and others on the regular TikTok platform. TikTok collected personal information from these children without obtaining consent from their parents.” FTC Chair Lina Khan added, “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country.” The FTC is seeking civil penalties of up to $51,744 per violation per day for the company’s alleged violations.

Brian M. Boynton, head of the DOJ’s Civil Division, emphasized the necessity of the lawsuit, stating, “This action is necessary to prevent the defendants, who are repeat offenders and operate on a massive scale, from collecting and using young children’s private information without any parental consent or control.” The lawsuit highlights the government’s ongoing concerns about TikTok’s data practices, particularly given the app’s popularity among young audiences.

In response, TikTok has expressed disappointment over the litigation. The company stated, “We have been working with the FTC for more than a year to address the agency’s concerns and are disappointed the agency is pursuing litigation instead of continuing to work with us on a reasonable solution.” Despite these assertions, the lawsuit underscores significant gaps in compliance and persistent risks associated with TikTok’s handling of minors’ data.

The scrutiny on TikTok is not isolated to the United States. The platform has previously faced fines from the European Union and the United Kingdom over similar concerns about handling children’s data. Moreover, TikTok’s business practices are under intense examination as it battles a new U.S. law requiring ByteDance to divest TikTok’s U.S. assets by January 19 or face a potential ban.

This lawsuit follows a series of investigations and regulatory actions targeting TikTok’s privacy violations. The FTC and DOJ’s case builds upon earlier allegations against TikTok’s predecessor, Musical.ly, which ByteDance acquired in 2017. In 2019, Musical.ly was sued by the federal government for COPPA violations and agreed to pay a $5.7 million fine, alongside a court order to comply with COPPA. However, the current lawsuit indicates that TikTok has not adhered to the terms of the previous settlement.

The complaint filed in California federal court accuses TikTok of collecting personal information from children, including activities on the app and other identifiers used to build user profiles. This information was allegedly shared with other companies like Meta and AppsFlyer to re-target less active users, a practice TikTok refers to as “re-targeting.” These allegations point to a broader strategy of retaining and leveraging young users’ data for commercial gain.

The 2020 investigation by Reuters revealed that the FTC and Justice Department were already examining TikTok’s compliance with the 2019 agreement. Despite these ongoing probes, TikTok’s practices have remained problematic, resulting in persistent legal challenges.

In a related development, the U.S. Senate recently passed a bill proposing an extension of COPPA’s protections to cover teenagers up to age 17, a ban on targeted advertising to this age group, and options for parents and kids to delete their information from social media platforms. The bill still requires approval from the Republican-controlled House to become law.

As TikTok navigates these turbulent legal waters, the outcome of the current lawsuit could have profound implications for the company’s operations in the United States. The case accentuates mounting regulatory pressures on tech companies to safeguard children’s privacy and the increasingly stringent expectations on data protection practices across digital platforms.

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