Digital privacy for children is being scrutinised, particularly for the social media giant TikTok. This is not the first time there have been concerns about risks to child privacy. TikTok was fined €345 million (approximately £298.9 million) for violating privacy laws related to the processing of children’s personal data in the European Union, as announced by the Irish Data Protection Commission (DPC) on September 15th 2023.
This penalty followed a previous fine of £12.7 million imposed a few months earlier for similar offences in the UK. The DPC found that TikTok, a platform particularly popular among teenagers, breached several EU privacy regulations between July 31st and December 31st, 2020.
The US Federal Trade Commission (FTC) has taken a pivotal step by referring a complaint against TikTok and its parent company, ByteDance, to the Department of Justice (DOJ). This move stems from potential violations of children’s privacy laws.
The FTC’s investigation revealed substantial concerns regarding TikTok’s practices. According to the FTC, there is “reason to believe” that TikTok and ByteDance “are violating or are about to violate the law.” The specific laws in question are the FTC Act and the Children’s Online Privacy Protection Act (COPPA).
COPPA: This law governs how online services collect, use, and disclose personal information from children under 13. It’s designed to give parents control over the information that websites can collect from their kids.
FTC Act: This act targets “unfair or deceptive acts or practices” by companies, ensuring that businesses operate in a way that is transparent and fair to consumers.
The FTC publicly announced the referral of its complaint to the DOJ, citing public interest as the reason. Typically, such referrals are not disclosed, making this situation notable and highlighting the severity of the FTC’s concerns.
TikTok’s Response
TikTok expressed disappointment over the FTC’s decision to escalate the matter to litigation. A spokesperson for the company stated, “we have been working with the FTC for more than a year to address its concerns. We’re disappointed the agency is pursuing litigation instead of continuing to work with us on a reasonable solution.”
This case is separate from another high-profile legislative action earlier this year, where a bill was passed to potentially ban TikTok in the US if ByteDance does not divest its ownership. The current FTC investigation focuses specifically on compliance with child privacy laws rather than broader national security concerns.
Implications for Users and Parents
For parents and guardians, this development is a reminder of the importance of being vigilant about children’s online activities. It’s crucial to understand the privacy policies of the platforms children are using and to advocate for stronger protections where needed.
For TikTok users, especially those with young children, it’s essential to stay informed about how the platform is handling personal data. This ongoing legal situation could lead to changes in how TikTok operates, particularly concerning user privacy and data protection.
The referral of TikTok’s child privacy complaint to the DOJ marks a significant step in regulating digital platforms’ responsibilities toward young users. As this case unfolds, it will be important to monitor the outcomes and any potential changes to child privacy rules on social media platforms.
TikTok’s future actions and the DOJ’s decisions will likely set precedents for how online services manage and protect children’s personal information moving forward.
