Privacy & Information Security Law Blog

On October 3, 2024, Texas Attorney General Ken Paxton announced a lawsuit against TikTok for operating its platform in violation of the Texas Securing Children Online through Parental Empowerment (“SCOPE”) Act. The SCOPE Act, among other restrictions, prohibits digital service providers from sharing, disclosing or selling minors’ personal information without the consent of a parent or guardian.

In the complaint, the Attorney General alleges that TikTok unlawfully shared and disclosed minors’ personal identifying information to other TikTok users and several third parties, such as business partners and search engines. The complaint also asserts that TikTok failed to use a “commercially reasonable method” to verify a parent or guardian’s identity and relationship to a minor. In addition, TikTok allegedly failed to provide verified parents with tools to supervise a minor’s use of the platform. Specifically, the complaint alleges that TikTok did not provide verified parents with the ability to control or limit the privacy and account settings on a minor’s account, such as tools to (1) limit TikTok’s sharing, disclosure and sale of a minor’s personal identifying information and (2) control TikTok’s ability to display targeted advertising to a minor. The complaint lists various examples of the type of personal information collected by TikTok, including “approximate” location, keystroke patterns, and a vast array of social media account information, user content, and metadata such as the contents of users’ messages and clipboards.

The Attorney General emphasized that he will “hold TikTok and other Big Tech companies accountable for exploiting Texas children and failing to prioritize minors’ online safety and privacy.” The Attorney General is seeking penalties of up to $10,000 per violation and injunctive relief.