Review of: Texas Sues TikTok for Alleged SCOPE Act Violation Over Children’s Data Handling

Phone screen showing TikTok logo and app.

Texas Attorney General Ken Paxton takes on TikTok in a lawsuit over children’s privacy, citing violations of state law.

At a Glance

  • Texas AG Ken Paxton sues TikTok for violating the SCOPE Act
  • Lawsuit alleges TikTok shares minors’ personal data without parental consent
  • Paxton seeks $10,000 fines per violation and injunctive relief
  • TikTok accused of inadequate parental controls and privacy settings

Texas Takes Legal Action Against TikTok

Texas Attorney General Ken Paxton has filed a lawsuit against social media giant TikTok, accusing the platform of violating the state’s Securing Children Online through Parental Empowerment (SCOPE) Act. The legal action, initiated in a Galveston County state court, alleges that TikTok, owned by Chinese company ByteDance, is improperly handling minors’ personal data by sharing it without parental consent.

The SCOPE Act, which came into effect in Texas, mandates that digital service providers ensure parental consent before sharing, disclosing, or selling a minor’s personal information. It also requires companies to provide parents with tools to manage their child’s account privacy settings. According to the lawsuit, TikTok has failed to comply with these requirements, putting the online safety and privacy of Texas children at risk.

Allegations and Penalties

The lawsuit outlines several specific allegations against TikTok. The platform is accused of sharing children’s personal identifying information without parental consent, allowing information sharing from “private” accounts, and enabling targeted advertising to children. These actions, if proven, would constitute direct violations of the SCOPE Act.

“Texas Attorney General Ken Paxton sued TikTok, one of the largest social media platforms, for operating its platform in a manner that puts the online safety and privacy of Texas children at risk and violates the Securing Children Online through Parental Empowerment (“SCOPE”) Act.” – Source

Attorney General Paxton is seeking substantial penalties for these alleged violations. The lawsuit calls for civil penalties of up to $10,000 per violation, which could potentially amount to a significant sum given TikTok’s vast user base. Additionally, Paxton is pursuing injunctive relief to prevent future violations by the social media platform.

TikTok’s “Family Pairing” Feature Under Scrutiny

One of the key points of contention in the lawsuit is TikTok’s “Family Pairing” feature. This method, intended to give parents control over their children’s accounts, is criticized as inadequate for verifying parental identity. The lawsuit argues that this feature falls short of providing the robust parental controls required by the SCOPE Act.

“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,” said Attorney General Ken Paxton. “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. TikTok and other social media companies cannot ignore their duties under Texas law.” – Source

The lawsuit emphasizes the need for accountability among tech companies regarding minors’ online safety and privacy. It highlights the growing concern over the handling of children’s data by social media platforms and the potential risks associated with inadequate protection measures.

Implications and Next Steps

As of the filing of the lawsuit, TikTok had not immediately responded to the allegations. The case is likely to draw significant attention, not only in Texas but across the nation, as it addresses the critical issue of children’s online privacy. The outcome could potentially set a precedent for how social media platforms handle minors’ data and implement parental controls.

This legal action by Texas against TikTok underscores the increasing scrutiny faced by social media companies regarding their data practices, especially concerning young users. As the case progresses, it may prompt other states to examine their own laws and potentially take similar actions to protect children’s online privacy.

Sources:

  1. Attor­ney Gen­er­al Ken Pax­ton Sues Tik­Tok for Shar­ing Minors’ Per­son­al Data In Vio­la­tion of Texas Parental Con­sent Law
  2. Texas sues TikTok for violating children’s privacy

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