Allegations of Data Sharing and Privacy Violations
Texas Attorney General Ken Paxton has filed a lawsuit against TikTok, accusing the social media giant of violating a new Texas law designed to protect children’s privacy online. The lawsuit claims TikTok has shared and sold minors’ personal information without parental approval, violating the Securing Children Online through Parental Empowerment Act, which partially took effect on September 1.
The law prohibits social media companies from sharing or selling a minor’s personal data unless a parent or guardian consents and requires companies to offer tools for verified parents to supervise their child’s account.
TikTok’s Compliance Disputed
In the legal filing, Paxton argues that while TikTok offers a “family pairing” feature that allows parents to link their account to their child’s, the app does not require parents to verify their identity using a “commercially reasonable method,” as mandated by the law. Additionally, the feature requires a minor’s consent, which Paxton claims violates Texas’ strict parental control standards.
Paxton also claims that TikTok unlawfully shares minors’ personal data with advertisers and search engines, and displays targeted ads to underage users.
Paxton’s Statement on Child Protection
“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,” Paxton said. “Texas law requires social media companies to protect kids online and provide parents with tools to do the same. TikTok cannot ignore its duties under Texas law.”
TikTok Responds: Denies Allegations
TikTok has pushed back against the accusations, stating that it complies with privacy laws and offers parental controls. A TikTok spokesperson, Jason Grosse, pointed out that parents can request the deletion of their child’s account after verifying their identity with a photo ID.
“We strongly disagree with these allegations and offer robust safeguards for teens and parents, including family pairing, all of which are publicly available,” Grosse said in a statement. TikTok asserts that it does not sell personal information and only shares data in compliance with applicable laws.
Legal Context: Ongoing Battle Over Texas’ Social Media Law
Paxton’s lawsuit follows an August ruling by a federal judge that temporarily blocked part of the social media law. The ruling came in response to lawsuits filed by tech industry groups and free speech advocates who challenged the law’s constitutionality.
Judge Robert Pitman’s decision paused provisions requiring social media companies to filter harmful content from minors’ feeds but allowed other parts of the law to take effect, including the ban on selling or sharing minors’ data and the parental monitoring requirements.
