Privacy is of increasing concern as websites track consumers to gain information that can be used for advertising or other purposes. But the complaint for this class action brings suit against TikTok, Inc. and its parent company, ByteDance, Inc., alleging that the danger of data gathering is heightened when it is done without notice and by those with ties to, or who are obligated to, the Chinese government.
The Nationwide Class for this action is all natural persons in the US who used the TikTok app to visit websites external to the app, via TikTok’s in-app browser. A Washington Subclass has also been defined for those in the above class living in the state of Washington.
TikTok has a way of gathering data that users may not be aware of, the complaint alleges—that is, when users in the TikTok app click a link to view a product or go to another website to gather information, they use not their own default browser but a browser offered by TikTok, which records everything they do or enter at the other website.
The complaint alleges that “the in-app browser inserts JavaScript code into the websites visited by TikTok users. … Through its in-app browser, TikTok has secretly amassed massive amounts of highly invasive information about its users by tracking their activities on third-party websites.”
This allows TikTok to gather large amounts of data on users and make money on advertising. To begin with, the complaint alleges that this violates wiretapping laws as well as user privacy, but it also claims that this intrusion may have other disturbing dangers.
In 2019, the Federal Trade Commission (FTC) entered into a consent decree with TikTok, fining them for collecting information on minors in violation of the Children’s Online Privacy Protection Act (COPPA).
The complaint also alleges that ByteDance “has a close relationship with the Chinese government, putting the data that TikTok accumulates on U.S. users at risk of being transferred to the Chinese government. Even without a cozy relationship, ByteDance is subject to laws that would require it to transfer data at the behest of the Chinese government.”
The data gathered can also be very private and may even become a source of blackmail. Some health providers and pharmacies have a presence on TikTok. As an example, the complaint cites Planned Parenthood, which offers links to its website and then information on topics such as abortion, cancer, pregnancy, sex and sexual dysfunction, sexual orientation, and gender identity. Also, the data gathering can extend to payment information when users buy a product.
The TikTok app has become a target of concern in the US and in other countries. The complaint alleges, “TikTok is banned by the U.S. Army, Navy, Air Force, Coast Guard, Marine Corps, Department of Defense, Department of Homeland Security, and TSA, and cannot be installed on government-issued phones.” Senators have requested the FTC investigate TikTok again, and the European Data Protection Board has announced it would be examining its privacy and security practices.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
TikTok, ByteDance Surreptitious Data Gathering Complaint
January 9, 2023
Privacy is of increasing concern as websites track consumers to gain information that can be used for advertising or other purposes. But the complaint for this class action brings suit against TikTok, Inc. and its parent company, ByteDance, Inc., alleging that the danger of data gathering is heightened when it is done without notice and by those with ties to, or who are obligated to, the Chinese government.
TikTok, ByteDance Surreptitious Data Gathering ComplaintCase Event History
TikTok, ByteDance Surreptitious Data Gathering Complaint
January 9, 2023
Privacy is of increasing concern as websites track consumers to gain information that can be used for advertising or other purposes. But the complaint for this class action brings suit against TikTok, Inc. and its parent company, ByteDance, Inc., alleging that the danger of data gathering is heightened when it is done without notice and by those with ties to, or who are obligated to, the Chinese government.
TikTok, ByteDance Surreptitious Data Gathering Complaint