US sues TikTok over ‘massive-scale’ privacy violations of kids under 13

The U.S. Justice Department filed a lawsuit against TikTok and its parent company ByteDance on Friday, accusing them of failing to protect children’s privacy on the social media app. This action is part of the Biden administration’s ongoing scrutiny of TikTok. The government claims TikTok violated the Children’s Online Privacy Protection Act, which mandates parental consent for collecting personal information from users under 13.

TikTok, with approximately 170 million U.S. users, is also battling a new law requiring ByteDance to divest TikTok’s U.S. assets by January 19 or face a ban. The lawsuit, joined by the Federal Trade Commission (FTC), seeks to end what it describes as “massive-scale invasions of children’s privacy.”

Representative Frank Pallone emphasized that the lawsuit highlights the need to separate TikTok from Chinese Communist Party control to prevent adversaries from accessing Americans’ sensitive data. TikTok has disputed the allegations, claiming that many relate to past practices that have been addressed and that the company is committed to protecting children.

The DOJ alleges that TikTok knowingly allowed children to create regular accounts, share content, and collect personal data without parental consent. The FTC, which referred the case to the DOJ in June, is seeking penalties up to $51,744 per violation per day, potentially amounting to billions if TikTok is found liable.

The investigation into TikTok’s compliance with a 2019 privacy agreement first reported by Reuters in 2020. Last year, TikTok also faced fines in the European Union and the U.K. for similar issues. Recently, the U.S. Senate passed a bill extending COPPA protections to teenagers up to age 17, banning targeted ads to minors, and giving parents and teens the ability to delete their information. The bill awaits approval in the Republican-controlled House, which is on recess until September.