Ken Paxton is suing TikTok for sharing minors’ data in violation of Texas law

Texas Attorney General Ken Paxton has filed a lawsuit against popular social media platform TikTok, according to a press release shared on October 3.

In the lawsuit, Paxton alleges that TikTok violated the Securing Children Online through Parental Empowerment Act (the SCOPE Act), a Texas law aimed at preventing digital service providers from sharing a minor’s personally identifiable information without parental consent.

Why is Ken Paxton suing TikTok?

In the lawsuit, Paxton claims the app allows minors to create TikTok accounts without giving parents access to protect their children’s privacy and account settings, as required by the SCOPE Act. According to the lawsuit, the app collects, stores and processes personal information about minors when a minor interacts with TikTok.

Other information collected includes date of birth, email address, phone number, and device settings, such as device type, language preference, and locale, as well as data about a user’s interactions with TikTok, such as videos viewed, liked, or shared, accounts followed, comments, content created, video captions, sounds and hashtags.

In a press release, Paxton said the lawsuit will hold major social media companies like TikTok accountable.

“I will continue to hold TikTok and other Big Tech companies accountable for exploiting children in Texas and failing to prioritize the online safety and privacy of minors,” said Attorney General Ken Paxton. “Texas law requires social media companies to take steps to protect children online and requires them to provide parents with the tools to do the same. TikTok and other social media companies cannot ignore their duties under Texas law.”

You can read the full lawsuit here. Here’s a look at why Paxton is suing TikTok.

TikTik responds to lawsuit in Texas

According to Newsweek, TikTok denied allegations that it violated the SCOPE Act in an emailed statement.

“We strongly disagree with these allegations,” a TikTok spokesperson said. “In fact, we offer robust safeguards for teens and parents, including Family Pairing, all of which are publicly available. We stand behind the protections we offer families.”

What is the SCOPE Act?

Texas House Bill 18, the SCOPE Act, restricts digital service providers, such as social media companies, from collecting data about minors. The SCOPE Act also requires providers to ban targeted advertising, require parental consent for financial transactions and block access to content related to suicide, substance abuse and grooming.

The SCOPE Act says digital services must also prevent other harmful exposures, including:

Substance abuse and use patterns indicative of addiction.
Ads for products or services that are illegal for a minor, including illegal drugs, tobacco, gambling, pornography and alcohol.
Bullying and intimidation.
Sexual exploitation, human trafficking, abuse and child pornography.

Texas already requires age verification for adult websites under HB 1181, which passed in 2023. Users must verify their age with a government-issued ID or reasonable alternative.

Texas judge temporarily blocks parts of the SCOPE Act

On July 30, technology groups NetChoice and the Computer and Communications Industry Association filed a lawsuit to block the law, claiming it unlawfully restricted free speech. Another lawsuit was filed by a nonprofit organization, the Foundation for Individual Rights and Expression. On August 30, two days before the law was set to take effect, U.S. District Judge Robert Pitman partially sided with NetChoice and issued an injunction against the law’s monitoring and filtering requirements while the case continues.

According to the Houston Chronicle, Pitman ruled in a 38-page order that the law was overbroad and infringed on the constitutional rights of social media companies and users. He argued that the First Amendment protects the distribution and access to content, including by minors, and that the bill would place a burden on platforms by forcing them to monitor and moderate content in ways that violate free speech.

“The final problem for HB 18 is that the law fails to define key categories of prohibited subjects, including ‘grooming,’ ‘harassment,’ and ‘drug abuse.’ For example, at what point does alcohol consumption become “substance abuse”? When does an extreme diet turn into an ‘eating disorder’? What defines ‘grooming’ and ‘harassment?’ Pitman asked. “Under these indefinite meanings, it is easy to see how an attorney general could arbitrarily discriminate in enforcing the law.”

The ruling temporarily blocked enforcement of HB 18, citing the potential for irreparable harm if it were to go into effect.

What lies ahead for the SCOPE Act in Texas?

Pitman only temporarily blocked parts of the law, meaning some parts intended to block data collection and set age requirements remain in effect. A court will review the bill and make a decision on the ruling.