TikTok is a popular social media app owned by the Chinese company ByteDance that allows users to create and share short videos. It has over 1 billion monthly active users worldwide. However, TikTok has faced growing scrutiny in recent years over concerns about its data privacy practices and potential national security risks.
Specifically, TikTok has been criticized for the vast amount of data it collects on its users, including their locations, browsing history, and device information. There are worries that Chinese laws may compel ByteDance to share this data with the Chinese government, potentially allowing China access to information on millions of Americans. This has prompted multiple government investigations and bans of TikTok by some federal agencies and states.
In February 2022, TikTok settled a class action lawsuit that accused the app of violating Illinois’ biometric privacy law by collecting users’ facial geometry without consent. The settlement may help address some data privacy issues, but broader concerns around national security and TikTok’s ties to China remain unresolved.
The TikTok Class Action Lawsuit
The class action lawsuit against TikTok was initially filed in November 2019 by a college student named Misty Hong in the U.S. District Court for the Northern District of California. Hong’s lawsuit alleged that TikTok violated Illinois biometric privacy laws by collecting user data without consent.
Another lawsuit making similar allegations was filed in December 2019 by another TikTok user named Ashley Velez in the U.S. District Court for the Southern District of Illinois. The two lawsuits were eventually consolidated into one case against TikTok and its parent company ByteDance.
The plaintiffs in the class action lawsuit allege that TikTok’s data collection practices violated state and federal privacy laws. Specifically, they claim TikTok collected biometric data from users’ videos without proper notice or consent, including face scans and voiceprints. The lawsuits seek financial damages on behalf of TikTok users.
Allegations Against TikTok
One of the main allegations leveled against TikTok is that the company aggressively harvests large amounts of user data. The Guardian reports that cybersecurity experts have warned Australian users that the Chinese government could use TikTok to collect personal information, including IP addresses, locations, search histories and biometric data.
TikTok has also faced lawsuits for illegally harvesting user data through its in-app browser. According to The Hollywood Reporter, a class action lawsuit filed in 2022 alleges that TikTok violated privacy laws by secretly collecting personally identifiable information from users through its in-app browser, including browsing histories and biometric information.
In summary, TikTok has been accused of aggressively collecting various types of personal user data, including location information, biometric data, browsing histories and more, often without proper notice or consent. These practices have sparked regulatory investigations, lawsuits and overall privacy concerns.
TikTok’s Response
TikTok denied the allegations made in the lawsuit and claimed they take data privacy and child safety very seriously. TikTok spokeswoman Maureen Shanahan said the company was committed to “earning and maintaining the trust of our community and the parents and guardians who trust TikTok with their teens and young adults.” She said TikTok had implemented “robust protections” for teen users like restricting direct messaging and hosting live streams based on age, and providing parents with tools to monitor their children’s usage (CNN).
In a statement, TikTok said “The State of Indiana’s complaint paints a misleading picture of TikTok by relying on cherry-picked media reports and allegations. We are confident the facts will demonstrate that our practices and policies provide robust protections for our community’s privacy and security” (LinkedIn). TikTok claimed it stores American user data securely in the US and Singapore. The company said it would continue fighting the “misleading” allegations against its platform.
Settlement Terms
In December 2022, TikTok reached a settlement agreement in the class action lawsuit regarding alleged violations of Illinois’ biometric privacy law. The settlement establishes a $92 million fund that will provide payments to class members who submit valid claims.
To be eligible for payment, class members must have used the TikTok app to create videos in Illinois between April 24, 2014 and September 30, 2022. Those who meet the criteria can submit claims for a portion of the settlement fund. Payments are expected to range between $5 and $150 per person, with increased payments of up to 6 times more for Illinois residents who frequently used the app’s video creation features.
As part of the settlement terms, TikTok has agreed to change its practices related to biometric data collection in order to comply with Illinois law. This includes obtaining consent before collecting biometric identifiers, providing disclosures about its practices, and implementing retention limits for user data.
Criticisms of the Settlement
The settlement has faced criticism from various consumer advocacy groups who argue that it does not go far enough to protect users’ privacy. One major criticism is that the settlement amount of $92 million is paltry compared to the company’s worth and profits. Advocates argue that the amount is not enough to deter TikTok from future privacy violations or properly compensate affected users [1].
Additionally, the settlement only applies to Illinois residents, even though TikTok has over 100 million monthly active U.S. users. Many feel the settlement should have been nationwide in scope. There are also concerns about the claims process being overly burdensome for consumers, requiring extensive documentation to receive a small payout. Overall, advocates feel the settlement prioritizes corporate interests over adequately protecting users’ biometric data rights [2].
Impact on Users
The settlement will result in changes to TikTok’s data practices that directly impact users. As part of the settlement, TikTok has agreed to stop storing biometric identifiers and data, including users’ faceprints and voiceprints, as well as cease using the data for any purpose other than detecting misuse of the platform (Source). TikTok also must get consent before collecting biometric data in the future.
In addition, TikTok will be more transparent about how it handles user data. The company has agreed to disclose its data collection, use, and sharing practices, obtain third-party assessments of its privacy program every two years, and provide users with tools to control data collection. This should give users more insight and control over their personal information.
While the settlement resolves past claims, TikTok asserts it already made changes to stop unauthorized data collection and use before the settlement was reached. However, the legally binding agreement ensures TikTok cannot backtrack on privacy protections in the future without facing consequences.
Broader Implications
The TikTok settlement could have significant implications for user privacy on social media platforms. While the settlement only directly impacts TikTok and its users, the lawsuit brought heightened scrutiny to how social media companies collect, use, and profit from users’ personal data.
TikTok’s parent company ByteDance agreed to strengthen its privacy policies as part of the settlement. This includes being more transparent about data collection practices, getting user consent for certain uses of data, and implementing safeguards for biometric data like faceprints. Other social platforms may face pressure to follow suit and reevaluate their own privacy protections.
The TikTok case also highlighted the value of biometric data and the potential privacy risks when it is collected without informed consent. This could lead more social media companies to limit or reconsider their biometrics data practices. Overall, the lawsuit served as a warning to the industry about the legal and reputational risks of insufficient privacy protections. While broader impacts remain to be seen, the settlement puts social platforms on notice to treat user data with greater care.
Critically, the TikTok settlement also demonstrated that users are willing to band together to hold tech companies accountable for privacy violations through class action lawsuits. This could motivate more collective action by social media users to enforce stronger data privacy policies industry-wide.
Unresolved Issues
Despite the settlement, several key issues regarding TikTok’s data privacy practices remain unresolved. The settlement did not address ongoing concerns about TikTok’s data collection and sharing practices. As Secretary Yellen noted, issues around privacy and “national security” risks from TikTok are still outstanding [1].
The settlement also does not prevent future legal action against TikTok related to its privacy policies. Some experts argue the settlement was intentionally limited to address only specific past claims, while leaving the door open for fresh lawsuits over TikTok’s current practices [2]. Several privacy groups have already vowed to continue scrutinizing TikTok through new legal and regulatory avenues.
Additionally, the settlement does not enact any policy changes for TikTok or impose restrictions on how it handles user data going forward. Critics claim TikTok escaped meaningful accountability and can continue business largely as usual. Without reforms to its data practices, TikTok may face renewed criticism and legal jeopardy as regulators and watchdogs respond to ongoing privacy issues.
Conclusion
In summary, the TikTok data privacy settlement resulted from a class action lawsuit alleging the app illegally collected and shared user data. While TikTok denies any wrongdoing, they agreed to settle the case for $92 million, pending court approval. The settlement requires TikTok to be more transparent about data practices and obtain consent for collecting certain data. However, some argue the settlement doesn’t go far enough to hold TikTok accountable or enact meaningful change. Questions remain regarding adequate enforcement and oversight. Time will tell if the settlement terms are fulfilled and lead to improved user privacy. For now, the saga continues around TikTok’s handling of data and whether it can be trusted. Users may feel resignation about ongoing data privacy risks rather than vindication from the settlement. Nonetheless, the lawsuit highlighted important data protection issues in the social media era that are likely to resurface.
