The US Justice Department on Friday filed a lawsuit against TikTok and parent company ByteDance for failing to protect children’s privacy on the social media app, as the Biden administration continues its crackdown on the social media site.
The government said TikTok violated the Children’s Online Privacy Protection Act, which requires child-focused services to obtain parental consent to collect personal information from users under the age of 13.
The Chinese-owned short-video platform has around 170 million US users, and is currently fighting a new law that would force ByteDance to sell TikTok’s US assets by January 19 or face a ban.
The lawsuit is the latest action by the US against TikTok and its Chinese parent company, amid fears that the company is improperly collecting massive amounts of data on Americans for the Chinese government while also censoring content in a way that could harm Americans.
The lawsuit was also joined by the Federal Trade Commission, and was said to be aimed at “stopping TikTok’s illegal and widespread invasion of children’s privacy.”
Representative Frank Pallone, the top Democrat on the Energy and Commerce Committee, said the lawsuit “underscores the importance of separating TikTok from the control of the Chinese Communist Party. We cannot allow our adversaries to amass vast troves of Americans’ sensitive data.”
TikTok said on Friday that it disagrees with the allegations, many of which relate to past incidents and practices that are factually incorrect or have been addressed. We are proud of our efforts to protect children, and we will continue to update and improve the platform.
The DOJ said TikTok knowingly allowed children to create regular TikTok accounts, and then create and share short-form videos and messages with adults and others on the regular TikTok platform. TikTok collected personal information from these children without their parents’ consent.
The US alleges that millions of American children under the age of 13 have been using TikTok for years and that the site is “collecting and storing personal information of children.”
“TikTok has knowingly and repeatedly violated children’s privacy, putting the safety of millions of children across the country at risk,” FTC Chairwoman Lina Khan said in a statement. Her agency referred the case to the Justice Department in June.
The FTC is seeking a fine from TikTok of up to $51,744 per day per violation for improperly collecting data, which could theoretically amount to billions of dollars if TikTok is found liable.
Reuters first reported in 2020 that the FTC and Justice Department were investigating allegations that the popular social media app failed to comply with a 2019 settlement aimed at protecting children’s privacy.
Last year, the company was fined by the European Union and Britain over its handling of children’s data.
On Tuesday, the US Senate passed a bill that would extend the scope of COPPA to teens up to the age of 17, ban targeted advertising to children and teens, and give parents and children the option to remove their information from social media platforms.
The bill would need to pass the Republican-controlled House, which is currently in recess until September, to become law.