Justice Department Sues TikTok for Violating Children's Privacy Laws

The DOJ's lawsuit comes on the heels of a previous settlement between TikTok's predecessor, Musical.ly, and the Federal Trade Commission (FTC) in 2019. Musical.ly agreed to pay a $5.7 million fine to settle allegations that it violated COPPA by collecting personal information from children without parental consent. The settlement also required TikTok to implement measures to ensure compliance with COPPA, including obtaining parental consent before collecting data from children under 13 and honoring parents' requests to delete their children's information​​.

Despite this settlement, the DOJ and FTC allege that TikTok has continued to violate COPPA by allowing children to create accounts without parental consent and failing to honor deletion requests. The complaint highlights several key violations, including:

Account creation loopholes: TikTok allegedly allowed children under 13 to create accounts using "social logins" from other services like Google and Instagram, which have less stringent age restrictions. This allowed minors to bypass TikTok's age verification processes​

Data collection in Kids Mode: Even in its "Kids Mode," which is intended to provide a safer environment for young users, TikTok reportedly collected a wide range of personal information, such as email addresses and device identifiers, and shared this data with third parties for advertising purposes

Ineffective moderation: The complaint also points out that TikTok's internal review processes for identifying and removing underage accounts were grossly inadequate. Human moderators often spent just five to seven seconds reviewing flagged accounts, resulting in millions of unauthorized underage users continuing to access the platform​​

Non-compliance with deletion requests: TikTok allegedly made it difficult for parents to request the deletion of their children's accounts and often did not honor these requests when made​​

Government's response and TikTok's defense

The DOJ's action aims to secure civil penalties and injunctive relief to prevent further violations. "TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country," said FTC Chair Lina M. Khan. She emphasized the importance of protecting children's online privacy, especially as digital platforms continue to evolve and use sophisticated data collection methods​​.

TikTok has strongly denied the allegations, arguing that many of the claims are outdated or have already been addressed. In a statement, a TikTok spokesperson said, "We are proud of our efforts to protect children and will continue to update and improve the platform." TikTok has highlighted features like default screen time limits for minors and the Family Pairing option, which allows parents to monitor and control their children's activity on the app.

The lawsuit against TikTok is part of a broader scrutiny of its operations in the United States, amid ongoing concerns about its ties to China and potential risks to national security. Earlier this year, the U.S. government passed legislation requiring TikTok to divest from its parent company, ByteDance, or face a domestic ban by January 2025. TikTok has challenged this law, arguing that it violates the First Amendment and the constitutional rights of its users.

Other social media companies have faced similar legal challenges regarding children's privacy. In 2019, Google and YouTube settled with the FTC for $170 million over allegations of illegally collecting children’s data. More recently, Meta Platforms Inc. was sued by several U.S. states for allegedly designing addictive features that harm young users and violate COPPA.

The outcome of the DOJ's lawsuit against TikTok could have far-reaching implications for how tech companies handle children's data and comply with privacy laws. As digital platforms continue to grow and evolve, ensuring the protection of children's privacy online remains a pressing concern for regulators and parents alike.

Protecting your child's privacy online

With children using more digital platforms, protecting their online privacy is essential. Here are key strategies to safeguard their personal information:

Educate your child: Teach your child not to share personal details like their full name, address, or school online. Encourage them to be cautious about what they post and who they interact with on the internet​ 

Use parental controls and privacy settings: Enable parental controls on devices to restrict access to age-appropriate content and manage screen time. Review the privacy settings on apps and platforms to ensure profiles are private and limit who can see their information​ 

Be cautious with apps and games: Research apps before your child downloads them. Look for those compliant with the Children’s Online Privacy Protection Act (COPPA) and read reviews for safety

Monitor and communicate: Stay informed about your child’s online activities. Encourage open communication so they feel comfortable discussing anything unusual or concerning they encounter online​