TikTok faces legal action from 12-year-old girl in England

A 12-year-old girl is hoping to take legal action against video-sharing app TikTok, clai­ming the company uses chil­dren’s data unlaw­fully.

A court has ruled the girl can remain anony­mous if the case goes ahead.

The action is being suppor­ted by Anne Long­field, the chil­dren’s commis­si­o­ner for England. She beli­e­ves TikTok has broken UK and EU data protec­tion laws.

TikTok said it had «robust poli­cies» in place to protect chil­dren and did not allow under-13s to join.

Ms Long­field hopes the case will lead to grea­ter protec­tive measu­res for under-16s who use TikTok in England and possibly beyond.

She beli­e­ves the app collects and proces­ses chil­dren’s data to power its video-recom­men­da­tion algo­rithm, to capture viewers’ atten­tion and gene­rate adver­ti­sing reve­nue.

The commis­si­o­ner told the High Court in London – via a video link – that she hoped it to would ulti­ma­tely issue an order forcing the firm to delete the child’s data, setting a prece­dent.

But the focus of the preli­mi­nary hearing was to decide whet­her the 12-year-old girl could make a claim anony­mously.

Mr Justice Warby judged that the girl risked being cyber-bullied by other chil­dren and TikTok users if her iden­tity was reve­a­led.

He said she could face «hostile reac­ti­ons from social media influ­en­cers who might feel their status or earnings were under threat».

Ms Long­field is waiting for the conclu­sion of a data protec­tion case against Google before deci­ding whet­her to sue TikTok.

In 2019, TikTok was fined $5.7m (£4.2m) by the US Fede­ral Trade Commis­sion for its hand­ling of chil­dren’s data.

In a state­ment, TikTok said: «Privacy and safety are top prio­ri­ties for TikTok and we have robust poli­cies, proces­ses and tech­no­lo­gies in place to protect all users, and our youn­ger users in parti­cu­lar. As this appli­ca­tion was made without notice, we first became aware of the appli­ca­tion and the High Court’s judg­ment [on Wednes­day] and are currently consi­de­ring its impli­ca­ti­ons.»

The app’s terms and condi­ti­ons state the service is not avai­la­ble to under-13s and all users are asked their age when signing up.

It acti­vely revi­ews and remo­ves accounts that appear to be used by under-13s.