AUSTIN β Texas Attorney General Ken Paxton Takes Aim at TikTok Over Parental Consent Law
On Thursday, Attorney General Ken Paxton filed a lawsuit against the popular social media platform TikTok, accusing it of violating Texasβ parental consent law, specifically the Securing Children Online through Parental Empowerment (SCOPE) Act. This action underscores growing concerns about the protection of minors’ personal data in an increasingly digital world.
Allegations of Personal Data Mismanagement
The lawsuit alleges that TikTok collects, stores, and processes the personal identifying information of minors when they use the platform. According to the legal documents, such information includes sensitive data like birth dates, email addresses, phone numbers, device settings, along with various forms of metadata. These data points, the lawsuit claims, are not only kept by TikTok but are also shared with third-party service providers and business partners, subsequently being sold to advertisers.
In essence, Paxton argues that TikTok’s practices contravene the SCOPE Act by failing to obtain sufficient parental consent when dealing with minors’ information. The law mandates that digital service providers, including social media platforms, do not have the right to share or sell a minor’s personal information without clear consent from a parent or guardian.
The Requirements of the SCOPE Act
The SCOPE Act was established to empower parents in overseeing their children’s online presence and ensuring their safety. Notably, the law requires digital platforms to provide tools that enable parents to manage privacy and account settings for minors. However, the lawsuit claims TikTok has not only failed to create these necessary tools but also lacks a method for parents to verify their identity in relation to their child’s account effectively.
Consequences of Alleged Non-compliance
The lawsuit, filed in Galveston County district court, seeks civil penalties amounting to $10,000 per violation, as well as a court order to prevent TikTok from continuing its purported breaches of the SCOPE Act. The legal ramifications emphasize the seriousness of the allegations, especially given TikTok’s considerable user base in Texas, with millions participating regularly and an operational office located in Austin.
TikTok has publicly responded to the claims. Jason Grosse, a spokesperson for the company, defended TikTok by stating that the platform offers ample safeguards for both teens and parents, including features like ‘Family Pairing’. According to TikTok, these options are designed to help families manage their online experience effectively.
TikTokβs User Data Practices
Examining TikTok’s data collection methods provides insight into the crux of the allegations. While anyone can browse TikTok’s website, accessing the app requires users to create an account. For users aged 12 and under, only a birth date is necessary for account setup alongside a username and password. However, users aged 13 and older must also provide an email address and phone number. This system raises questions about the adequacy of parental oversight.
The lawsuit argues that TikTok does have some limitations in place for users under 18, such as restrictions on livestreaming and direct messaging for those under 16. However, it claims these protections do not satisfy the comprehensive requirements of the SCOPE Act.
The Family Pairing Feature
A focal point of the lawsuit is TikTok’s ‘Family Pairing’ option, which is designed for users aged 13 to 17. This feature allows parents or guardians to link their accounts to their teensβ accounts, granting them the ability to monitor and manage content exposure, privacy settings, and time spent on the app. While this may seem beneficial, the lawsuit points out that the process requires parents to create accounts themselves and navigate a pairing system that necessitates acceptance from the teenβa setup that may diminish parental control significantly.
The lawsuit emphasizes that parents currently do not possess the tools necessary to prevent TikTok from sharing or selling their child’s personal information or to limit targeted advertisements displayed to minors.
A Call to Action from Attorney General Paxton
In light of these developments, Attorney General Paxton articulated the stance that social media companies have a responsibility to adhere to the law, particularly when it comes to protecting children online. He noted, βTexas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same.β This outcry showcases Texas’s commitment to safeguarding minors in a rapidly evolving digital landscape, signaling a potential shift in how social media platforms conduct their operations in the state.
As the legal proceedings unfold, this lawsuit raises vital questions about the intersection of technology, privacy, and children’s safety in the digital age, prompting a broader discussion on parental controls and the responsibilities of social media companies in managing minors’ data.