On Friday, the Department of Justice (DOJ) filed a lawsuit against TikTok and its parent company ByteDance, accusing them of breaching children’s online privacy regulations. The DOJ claims that TikTok allowed users younger than 13 to create accounts, gathered data from these children, and did not comply with parental requests to delete the accounts and associated data.
The lawsuit alleges that TikTok’s practices violate the Children’s Online Privacy Protection Act (COPPA) and breach a 2019 settlement concerning the app’s predecessor, Musical.ly. The filing states, “To put an end to TikTok’s unlawful massive-scale invasions of children’s privacy, the United States brings this lawsuit seeking injunctive relief, civil penalties, and other relief.”
According to the DOJ, TikTok “knowingly allowed children under 13 to create accounts” and “collected extensive personal information” without informing their parents or obtaining consent. The lawsuit contends that when parents requested the deletion of their children’s accounts and data, TikTok obstructed and failed to honor these requests.
The DOJ criticized TikTok’s process for account deletion, asserting, “Parents must navigate a convoluted process to figure out how to request deletion of their child’s account and information.” It further noted, “Even if a parent succeeded in submitting a request to delete their child’s account and information, [TikTok] often did not honor that request.”
The lawsuit follows a 2019 Federal Trade Commission (FTC) investigation that resulted in a consent order against TikTok for prior COPPA infractions. FTC Chair Lina Khan stated, “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country.” She added, “The FTC will continue to use the full scope of its authorities to protect children online—especially as firms deploy increasingly sophisticated digital tools to surveil kids and profit from their data.”
In response, TikTok released a statement denying the allegations, asserting, “We disagree with these allegations, many of which relate to past events and practices that are factually inaccurate or have been addressed.” The company emphasized its commitment to child safety, stating, “We are proud of our efforts to protect children, and we will continue to update and improve the platform. To that end, we offer age-appropriate experiences with stringent safeguards, proactively remove suspected underage users, and have voluntarily launched features such as default screentime limits, Family Pairing, and additional privacy protections for minors.”
Additionally, TikTok is embroiled in an ongoing legal dispute regarding its future in the United States. In May, TikTok sued the U.S. government following Congress’s passage of legislation mandating that its China-based parent company divest or face a ban from American networks and app stores. This ban could potentially be implemented as early as January 2025.
