Texas sues TikTok, accusing platform of mishandling children's data

Texas Attorney General Ken Paxton filed a lawsuit against TikTok, alleging the company unlawfully shared and sold the personal data of minors. Apart from being plain wrong, this is also in violation of a new state law aimed at protecting children on social media. TikTok denied these allegations later that day.

The law, known as the Securing Children Online through Parental Empowerment Act, restricts social media platforms from distributing or selling a minor’s personal information without parental or guardian consent. Enacted by the Legislature last year, parts of the law took effect on September 1, and it also mandates that platforms offer tools for verified parents to monitor their children's accounts.

Paxton says that TikTok has failed to comply with these requirements, The Texas Tribune reports. TikTok offers a "family pairing" feature that enables parents to connect their accounts with their teen's and manage certain settings. However, Texas law requires parents to verify their identity through a "commercially reasonable method," which TikTok's system does not currently enforce. Additionally, the feature requires the minor's consent for the pairing to take place.

Paxton further claims that TikTok illegally shares and sells minors' personal identifying information with third parties, such as advertisers and search engines. He also asserts that the platform unlawfully presents targeted advertising to users known to be minors.



A TikTok spokesperson rejected Paxton's claims, highlighting available online resources that allow parents in states like Texas to request the deletion of their teen's account. The spokesperson also emphasized that, according to TikTok's privacy policies, the company does not sell personal information and does not share personal data in areas where it is restricted by law.



Paxton's lawsuit was submitted in federal district court in Galveston. This filing follows an earlier ruling in August, when a federal district judge temporarily halted parts of the social media law as debates over its constitutionality continue.

Two separate legal challenges have been brought against the law. One was filed by tech industry groups representing major digital platforms like YouTube and Meta, while another came from a free speech advocacy organization.

Just before the law was set to take effect, Judge Robert Pitman blocked the provision requiring social media platforms to filter harmful content, such as material related to self-harm or substance abuse, from minors' feeds. However, he allowed other parts of the law to be enforced, including restrictions on selling or sharing minors' data and the requirement for parental account monitoring tools.

In response to the Texas law, Meta, the parent company of Facebook and Instagram, introduced new parental control features. Parents who verify their identity with valid identification can now set usage limits and modify their child's account settings. Meta also stated it does not share or sell personal data.

The consumer protection division of Paxton’s office is solely responsible for enforcing the law and is seeking civil penalties of $10,000 per violation, along with attorney’s fees.

Texas is among several states that have passed legislation aimed at regulating how social media platforms manage their content. These laws have faced opposition from both the tech industry and free speech advocates.