The U.S. Justice Department has decided not to pursue allegations that TikTok misled U.S. consumers about data security in a forthcoming lawsuit. Instead, the department will focus on allegations that TikTok violated the Children’s Online Privacy Protection Act by collecting data about children under the age of 13. The Federal Trade Commission (FTC) investigated the case and will be filing the consumer protection lawsuit on behalf of the FTC later this year.
The FTC referred the case to the Justice Department with two parts. The Justice Department plans to drop the part of the complaint that alleges TikTok deceived consumers by failing to inform them that employees of its parent company, ByteDance, based in Beijing, would have access to their personal and financial information. However, the DOJ will proceed with the allegations related to children’s privacy violations. This decision comes amid ongoing scrutiny over the security of user data and concerns about ties between ByteDance and the Chinese government.
TikTok has been facing increasing pressure regarding data security and its ties to the Chinese government. In response to these concerns, President Joe Biden signed a law in April that would ban TikTok unless it is sold within a year. TikTok is challenging the law in the courts. The decision by the Justice Department to drop certain allegations in the forthcoming lawsuit against TikTok reflects a complex legal and national security landscape.
The Justice Department’s decision to drop certain allegations in the lawsuit against TikTok highlights the importance of balancing national security concerns with legal obligations. When the Justice Department represents another agency in court, it has the authority to determine the best litigation strategy to ensure there are no conflicts with national security concerns or other cases. The department consulted with the FTC in advance of the referral and will continue to do so as they consider the claims.
While the Justice Department declined to comment on the decision to drop the allegations related to data privacy, the FTC also declined to comment on the DOJ’s decision. Moving forward, the lawsuit against TikTok will focus on allegations of children’s privacy violations, rather than allegations of misleading consumers about data security. This case reflects the ongoing challenges and complexities surrounding data privacy, national security, and the regulation of social media platforms like TikTok.
