TikTok's Unauthorized Data Practices May Breach Privacy Rights

Siskinds LLP and Rice Harbut Elliott LLP have commenced a proposed privacy class action in British Columbia against TikTok on behalf of persons in Canada, other than Quebec, who use or used the TikTok app between October 29, 2021 to the date of certification of the TikTok class action.

TikTok is one of the largest social media companies in Canada and globally. This class action alleges that TikTok generates revenue primarily through advertising, which it delivers by tracking and profiling its users—many of whom are children and teens—and using massive amounts of their sensitive information without their knowledge or adequate consent for advertising and content personalization purposes.

A Few Things to Keep in Mind when you or your child uses TikTok

Here are a few things you might want to know if you or your child uses or has used TikTok.

1. TikTok knows a lot about you.
   TikTok collects a few categories of data from its users. Aside from the information you provide it directly, like your name, phone number, and any content you generate, it quietly collects information about you depending on your Internet usage behaviour both on and off the platform.
   
   From the data that it collects about you and your behaviours on the Internet, TikTok can and does infer private and sensitive personal information about you, which can include details about your mental health status, political opinions, religion, age range, spending power, family status, education level, gender identity, and sexual orientation, among other things.
2. TikTok's data collection is automatic.
   By default, TikTok opts its users into sharing certain personal identifiers with it, such as IP address and cookies, which allows it to track your behaviour both on and off the platform, especially when you engage with advertisers on the Internet. It is this information that allows TikTok to target you with advertisements or personalize content when you use the platform. It is important to review your privacy settings when registering an account or using TikTok for the first time.
3. You may be a Class Member in this privacy class action
   Siskinds LLP and Rice Harbut Elliott LLP are seeking financial compensation on behalf of all Canadians, other than those resident in Quebec, who may have had their data collected, used and disclosed by TikTok without consent.
   
   The action has not yet been certified. As part of the certification process, the court will determine whether the action can appropriately proceed as a class action.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.