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FTC and Justice Department Sue TikTok and ByteDance for Violating Children’s Online Privacy Protection Act

TikTok, the popular social media platform, and its parent company ByteDance are facing legal action from the U.S. Federal Trade Commission (FTC) and the Justice Department for allegedly violating the Children’s Online Privacy Protection Act (COPPA). This law requires digital platforms to obtain parental consent before collecting and using personal data from children under the age of 13.

The FTC’s Bureau of Consumer Protection claims that TikTok and ByteDance were aware of their obligations under COPPA but knowingly allowed millions of children under 13 to use their platform for years. This is despite TikTok settling with the FTC in 2019 over previous COPPA violations, which involved a $5.7 million fine and the implementation of measures to prevent underage sign-ups.

According to the FTC’s press release, TikTok had a policy in 2020 of maintaining accounts for children under 13 unless the child explicitly admitted their age. However, the FTC alleges that TikTok’s human reviewers spent an average of only five to seven seconds reviewing each account, raising concerns about the accuracy of their determinations.

Furthermore, the FTC found that TikTok continued to allow users to sign up with third-party accounts, such as Google and Instagram, without verifying their age. This allowed underage users to access the platform, and their data was collected and used for targeted advertising purposes.

TikTok’s supposedly COPPA-compliant feature, Kids Mode, also came under scrutiny. The FTC claims that Kids Mode collected excessive amounts of data, including users’ in-app activities and identifiers used to build profiles shared with third parties.

When parents requested the deletion of their child’s account, the FTC alleges that TikTok made it difficult to do so and often failed to comply with these requests.

FTC Chair Lina Khan emphasized the seriousness of the allegations, stating that TikTok knowingly and repeatedly violated children’s privacy, putting millions of children at risk. She reassured the public that the FTC would continue to protect children online, especially as companies use increasingly sophisticated digital tools to exploit children’s data for profit.

In response, TikTok disputed the allegations and stated that many of them relate to past events or contain factual inaccuracies. The company claimed to be proud of its efforts to protect children and highlighted features such as default screen time limits, Family Pairing, and additional privacy protections for minors.

The FTC and Justice Department are seeking civil penalties of up to $51,744 per violation per day and a permanent injunction to prevent future COPPA violations from TikTok and ByteDance.

This legal action against TikTok and ByteDance highlights the importance of protecting children’s privacy online. It underscores the need for digital platforms to comply with regulations like COPPA and to implement robust measures to prevent underage users from accessing their services. As technology continues to advance, it is crucial for authorities to hold companies accountable for safeguarding children’s data and for companies to prioritize the privacy and safety of their young users.

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