Texas is suing TikTok for allegedly violating its new child privacy law

In a significant legal development, Texas has filed a lawsuit against TikTok, accusing the social media giant of violating the state’s new child privacy law. This action marks one of the first major lawsuits following the implementation of the state’s Texas Data Privacy and Security Act (TDPSA), which aims to protect minors’ online data and tighten restrictions around data collection practices without parental consent.

The lawsuit, brought forward by Texas Attorney General Ken Paxton, alleges that TikTok has been unlawfully collecting, storing, and using personal data from children under 18 years of age, in violation of the new law. According to the complaint, TikTok’s practices around the collection of geolocation, biometric data, and behavioral tracking are seen as invasive and dangerous.

Allegations and the New Law

The Texas TDPSA, effective as of 2024, imposes strict requirements on tech platforms regarding minors’ privacy. This includes mandates for verifiable parental consent, bans on targeted ads aimed at children, and limitations on the type of data that can be collected. Paxton, in a press release, emphasized that TikTok has shown disregard for these protections:

“We won’t stand by as tech giants trample on our children’s privacy and safety. TikTok’s business model prioritizes data collection over transparency, and this lawsuit marks a critical step in holding them accountable.” (Texas Attorney General’s Official Release).

TikTok’s Response

In response to the lawsuit, TikTok released a statement defending its data practices, insisting that the company is compliant with all federal privacy regulations, including the Children’s Online Privacy Protection Act (COPPA). TikTok also argued that its suite of parental controls and privacy features exceeds industry standards.

“We have robust protections in place for our younger users, and we believe this lawsuit is without merit,” said a spokesperson for TikTok.

However, Texas’ new law applies to all users under the age of 18—whereas COPPA only governs data collection for users under 13—making the state’s case unique.

Broader Context: Legal Challenges Against TikTok

Texas isn’t the first state to raise concerns about TikTok’s practices. In 2023, Montana passed a law banning TikTok on state-owned devices due to privacy and security concerns. Similar legislative moves have been proposed in several states. TikTok has faced heightened scrutiny from U.S. lawmakers over its ties to ByteDance, the platform’s parent company, and the alleged risks to U.S. user data being accessed by the Chinese government .

According to a report by Reuters, Texas’ lawsuit will likely trigger more state-level actions against social media platforms that fail to comply with emerging privacy laws.

“This lawsuit is another example of how state governments are filling the gap left by federal inaction on comprehensive privacy regulation,” said Catherine Sandoval, a professor of law at Santa Clara University.

Legal Implications for the Tech Industry

If Texas wins the lawsuit, the implications for the broader tech industry could be significant. Many platforms may need to reevaluate their data collection and privacy practices, especially those targeting minors. This could trigger a wave of new compliance standards, given the increasing number of state-specific privacy laws being enacted in the U.S.

Legal experts have noted the importance of this case as a bellwether for future legal disputes over child privacy laws. John Davisson, senior counsel at the Electronic Privacy Information Center, commented:

“States like Texas are setting a new benchmark for privacy protections, and companies like TikTok will need to adapt or face growing legal challenges.”.

Following the Case and Future Developments

The lawsuit will now make its way through the court system, and both Texas and TikTok will present their arguments. As the case unfolds, it will be closely watched by both legal experts and the tech industry. If successful, this lawsuit could mark a shift in how tech companies manage and protect user data, especially for younger audiences.

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