A former children’s commissioner for England has launched an ‘important case’ against the video-sharing app TikTok, claiming that it collects the personal information of its child users illegally.
Anne Longfield, who held the post of commissioner between March 2015 and February this year, has filed a claim in the High Court on behalf of millions of children in the UK and the European Economic Area who have been using TikTok since 25 March 2018.
She claims the app violates UK child protection legislation and EU data protection and is aimed at stopping the processing of the information of millions of children, allowing it to remove such existing data and paying compensation which according to her billions of pounds.
Despite a minimum age requirement of 13 years, Ofcom found last year that 42% of British eight- to 12-year-olds use TikTok. As with other social media companies such as Facebook, there have long been concerns about data collection and the UK’s Office of Information Commissioners is investigating TikTok’s handling of children’s personal information.
Longfield said: ‘We’re not trying to say it’s not fun. Families love it. It was something that was very important during the exclusion, it helped people keep in touch, they had a lot of fun. But my opinion is that the price to pay for it should not be there – to illegally collect their personal information en masse and pass it on to others, probably for financial gain, without their knowledge.
‘And the extravagant nature of the collection is something that has driven us to it. [challenge] TikTok rather than others. It is the fact that, for this [age] group of children, it’s the app of choice, but it’s also the kind of information they gather – it could not possibly be suitable for a video app, especially the exact location, and probably also face recognition. ”
The legal claim alleges that TikTok takes children’s personal information without adequate warning, transparency or the necessary permission required by law, and without parents and children knowing what is being done with their private information. Longfield estimates more than 3.5 million children in the UK alone could be affected.
TikTok’s privacy policy states that it collects information “that you share with us from third-party providers on the social network and technical and behavioral information about your use of the platform”. It says that it also collects information from the phonebook of the user when access is granted. According to the policy, information can be shared with service providers and business partners for purposes including advertising and marketing.
Longfield, who is taking the case as a representative action for those who claim to have suffered harm, said TikTok’s business model regarding personal data is “excessive”, adding: “Children cannot give permission.” She believes the case could be a beacon for establishing a framework for social media companies’ responsibilities towards children and families.
A TikTok spokesperson said: “Privacy and security are top priorities for TikTok and we have robust policies, processes and technology to protect all users and especially our teen users. We believe the claims are not meritorious and intend to vigorously defend the action. ”
In February last year, ByteDance, the Chinese company legally established in the Cayman Islands and owned by TikTok, set a record of £ 4.2 million ($ 5.7 million) in the US for the illegal collection of personal information from children under 13 years of age.
Tom Southwell, a Scott + Scott partner who works for Longfield, said: ‘TikTok and ByteDance’s advertising revenue is based on the personal information of its users, including children. Taking advantage of this information without fulfilling its legal obligations, and its moral duty to protect children online, is unacceptable. ”
ByteDance was approached by the Guardian for comment but did not respond.