Anne Bucher  |  March 10, 2022

Category: Legal News

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Smart phone with TIK TOK logo
(Photo Credit: DANIEL CONSTANTE/Shutterstock)

TikTok Privacy Class Action Lawsuit Overview:

  • Who: A UK High Court judge has allowed a TikTok children’s privacy class action lawsuit to move forward.
  • Why: The TikTok class action lawsuit alleges TikTok unlawfully processes children’s data.
  • Where: The TikTok class action lawsuit is pending in the United Kingdom.

TikTok will have to face a children’s privacy class action lawsuit after a UK High Court judge gave permission for the case to move forward.

The TikTok privacy class action lawsuit was filed in December 2020 by a 12-year-old girl who says TikTok unlawfully processes children’s data. 

She seeks to represent millions of youth whose information was allegedly misused by TikTok in violation of the General Data Protection Regulation (GDPR) and the U.K’s Data Protection Act of 1998. If the children’s privacy class action lawsuit is successful, TikTok may be forced to pay billions of dollars in compensation.

The claimant, who the court has allowed to remain anonymous, is supported by Anne Longfield, the former Children’s Commissioner for England. She says she would like the TikTok class action lawsuit to ensure greater levels of protection for youth ages 16 and younger who use the social networking site.

“We are pleased the Judge agrees that TikTok’s troubling and, we believe, illegal collection of children’s private information is a serious issue that should be tried in the High Court,” Longfield said in a statement.

She says TikTok’s data collection practices are “deliberately opaque” and that it is unclear how children’s data is being used.

“Today’s decision gives us permission to take the necessary steps to serve TikTok’s overseas entities, including in China, the Cayman Islands and the U.S., which we hope will shed light on their actions and give clarity to parents and children around the world,” Longfield said.

Longfield alleges TikTok, which is owned by ByteDance, has unlawfully collected children’s data since the GDPR was introduced in May 2018. She says TikTok possesses youth data without adequate security measures, transparency or consent. 

TikTok allegedly collects children’s names, addresses, birthdates, interests, habits, who they follow and their exact geolocation, Longfield says. Based on this personal information, TikTok has allegedly been able to make billions of dollars in advertising revenue.

UK Tightening Child Protection Requirements for Technology Platforms

The UK recently implemented a Children’s Code that requires digital services that may be used by children to comply with design standards that prioritize privacy and protect youth from being profiled and tracked. Platforms that fail to abide by the code may be subject to scrutiny and fines from the UK’s Information Commissioner’s Office.

The UK government is also seeking to implement an online safety bill to enhance oversight of tech platforms and impose hefty fines for violations.

TikTok has already faced substantial fines in the United States and South Korea over its handling of children’s data. The U.S. Federal Trade Commission fined TikTok £4.2 million in 2019, and South Korea fined the tech company ₤123,000 in 2020.

Are you concerned that TikTok may be mishandling children’s data? Tell us your thoughts in the comments!


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One thought on TikTok Children’s Privacy Class Action Moves Forward

  1. Mason Holder says:

    I’ve been using TikTok for over two years now. I am 15 and believe my data could’ve been illegally used by TikTok.

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