TikTok lawsuit overview:
- Who: The state of Texas filed a lawsuit against TikTok Ltd. and related entities.
- Why: The state claims that TikTok collects and shares children’s data without their parents’ permission in violation of Texas law.
- Where: The TikTok lawsuit was filed in the District Court of Galveston County, Texas.
The state of Texas has filed a new lawsuit against TikTok over allegations that the social media platform violates state law by collecting and selling children’s data without parental consent, according to an Oct. 3 Law360 report.
The TikTok lawsuit claims the social media giant collects and shares children’s names, ages, location, contacts, device information and other information with third parties and sells the data to advertisers who can use the data to create targeted advertising within the app.
This conduct allegedly violates the Securing Children Online through Parental Empowerment (SCOPE) Act.
SCOPE prohibits digital service providers from sharing, disclosing or selling children’s personal identifying information without consent from a parent or guardian, the lawsuit explains. SCOPE also requires digital services to provide tools for parents to manage and control minors’ privacy and account settings.
TikTok lawsuit: Youth data protections are inadequate and unlawful
Texas claims TikTok offers protections and restrictions for minors, including blocking users under the age of 16 from messaging others, setting their accounts to private and limiting their access to one hour per day.
However, Texas says TikTok does not prevent minors from changing these default settings.
These settings violate SCOPE because they do not allow parents or guardians of teenagers between the ages of 13 and 17 with the ability to control their privacy settings and what information TikTok collects or transmits about them, the TikTok lawsuit alleges.
“I will continue to hold TikTok and other Big Tech companies accountable for exploiting Texas children and failing to prioritize minors’ online safety and privacy,” Texas Attorney General Ken Paxton said in a statement.
“Texas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same,” the attorney general continued. “TikTok and other social media companies cannot ignore their duties under Texas law.”
A group of parents recently filed a TikTok class action lawsuit alleging the social media company violated the privacy of millions of children under the age of 13.
Do you think social media companies have a duty to protect children’s data? Tell us your thoughts in the comments.
Texas is represented by Ken Paxton, Brent Webster, Ralph Molina, James Lloyd, Johnathan Stone, Tyler Bridegan and Madeline Fogel of the Texas Attorney General’s Office.
The TikTok children’s data lawsuit is State of Texas v. TikTok Ltd., et al., in the District Court of Galveston County, Texas.
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