Justice Department, FTC sue TikTok, allege violations of children's privacy laws

Aug. 2 (UPI) -- The U.S. Justice Department on Friday filed a civil lawsuit against TikTok and its parent company ByteDance for what it says is widespread violations of children's privacy laws.

The action in the U.S. District Court for the Central District of California was joined by the Federal Trade Commission. It targets TikTok Inc., ByteDance Ltd. and their affiliates for alleged violations of the Children's Online Privacy Protection Act in connection with the popular TikTok app.

COPPA, the privacy act for kids, prohibits websites from knowingly collecting, using or disclosing personal information from children younger than 13, unless they provide notice to and obtain consent from those children's parents. The act also mandates that websites delete personal information collected from children whenever parents request it.

In a statement announcing the suit , Justice Department officials said that, in 2019, the government sued TikTok's predecessor, Musical.ly, for COPPA violations, and since that time the defendants have been subject to a court order requiring them to comply with the privacy act.

According to the complaint, from 2019 to the present, TikTok knowingly permitted children to create regular TikTok accounts and to create, view and share short-form videos and messages with adults and others on the regular TikTok platform. The defendants, the suit alleges, collected and retained a wide variety of personal information from these children without notifying or obtaining consent from their parents.

"The department is deeply concerned that TikTok has continued to collect and retain children's personal information despite a court order barring such conduct," said Acting Associate Attorney General Benjamin C. Mizer. "With this action, the department seeks to ensure that TikTok honors its obligation to protect children's privacy rights and parents' efforts to protect their children."

According to Friday's statement from Justice officials, even for accounts that were created in "Kids Mode" (a feature-restricted version of TikTok intended for children under 13), the defendants unlawfully collected and retained children's email addresses and other types of personal information.

"Further, when parents discovered their children's accounts and asked the defendants to delete the accounts and information in them, the defendants frequently failed to honor those requests," Justice officials said in Friday's announcement.

Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department's Civil Division, said the suit was 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."

Federal Trade Commission officials echoed that sentiment.

"TikTok knowingly and repeatedly violated kids' privacy, threatening the safety of millions of children across the country," said FTC Chair Lina M. Khan. "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."