Texas Attorney General sued TikTok on Thursday for sharing and selling minors鈥� personal information, violating a new state law that seeks to protect children who are active on social media, accusations that the company denied hours later.
The Securing Children Online through Parental Empowerment Act prohibits social media companies from sharing or selling a minor鈥檚 personal information unless a parent or guardian approves. The , which was passed by the Legislature last year and partially went into effect Sept. 1, also requires companies to create tools that let verified parents supervise their minor child鈥檚 account.
Paxton argues in the that TikTok, a short-form video app, has failed to comply with these requirements. Although TikTok has a 鈥渇amily pairing鈥� feature that allows parents to link their account to their teen鈥檚 account and set controls, parents don鈥檛 have to verify their identity using a 鈥渃ommercially reasonable method,鈥� as required by Texas law. The minor also has to consent to the pairing.
Paxton also argues that TikTok unlawfully shares and sells minors鈥� personal identifying information to third parties, including advertisers and search engines, and illegally displays targeted advertising to known minors.
鈥淚 will continue to hold TikTok and other Big Tech companies accountable for exploiting Texas children and failing to prioritize minors鈥� online safety and privacy,鈥� Paxton said in a . 鈥淭exas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same. TikTok and other social media companies cannot ignore their duties under Texas law.鈥�
A TikTok spokesperson denied Paxton's allegations, pointing to about how parents in certain states, including Texas, can contact TikTok to request that their teen's account is deleted. Parents are asked to verify their identify but submitting a photograph of themselves holding their government-issued ID. According to TikTok's , the company does not sell personal information. And personal data is not shared "where restricted by applicable law."
"We strongly disagree with these allegations and, in fact, we offer robust safeguards for teens and parents, including family pairing, all of which are publicly available," TikTok spokesperson Jason Grosse wrote in a an emailed statement. "We stand by the protections we provide families."
Paxton鈥檚 lawsuit was filed in a federal district court in Galveston. The filing comes after a federal district court judge in August part of the social media law from taking effect as a legal battle over the law鈥檚 constitutionality continues to play out.
Two separate lawsuits were filed seeking to block the law. One suit was filed by tech industry groups that represent large digital companies including YouTube and Meta. A second lawsuit was filed by a free speech advocacy group.
Days before the law was scheduled to take effect, Judge Robert Pitman blocked a part of the law that would have required social media companies to filter out harmful content from a minor鈥檚 feed, such as information that features self-harm or substance abuse. But Pitman allowed other pieces of the law to take effect, such as the prohibition on selling or sharing minor鈥檚 data, as well as a new rule that social media companies let parents monitor their child鈥檚 account.
Meta, the parent company of Instagram and Facebook, in response to Texas鈥� law. Now, parents who can prove their identity with a valid form of identification can set time limits on their child鈥檚 usage and update their teen鈥檚 account settings. A Meta spokesperson also said the company does not share or sell personal data.
The consumer protection division of Paxton鈥檚 office has sole authority to enforce the law. They are seeking civil penalties of $10,000 per violation, as well as attorney鈥檚 fees.
Texas is one of several states that have recently passed laws attempting to regulate how social media companies moderate their content. Those laws have from the tech industry and from free speech groups.
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