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. This lawsuit concerns the collection, use, and disclosure of personal information by TikTok in Canada.
TikTok is one of the largest social media companies in Canada and globally. It operates a social media platform that allows users to create, view, and interact with personalized video content. 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. The claim raises concerns about whether TikTok’s data practices comply with Canadian privacy laws.
What TikTok users and parents should know about privacy risks
Here are a few things you might want to know if you or your child uses or has used TikTok.
1. TikTok collects extensive personal and behavioural data
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. This may include device information, location data, browsing activity, and interactions with advertisements or third-party websites.
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. Such inferred data can be particularly sensitive when it relates to children and teenagers, who may not fully understand how their information is being used.
2. TikTok’s data collection and tracking are automatic
By default, TikTok opts its users into sharing certain personal identifiers with it, such as IP addresses and cookies, which allows it to track your behaviour both on and off the platform, especially when you engage with advertisers on the Internet. This type of tracking may occur without users fully realizing the scope or extent of the data being collected. It is this information that allows TikTok to target you with advertisements or personalized 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. Regularly reviewing privacy and security settings can help users limit data sharing, although it may not eliminate all tracking.
3. You may be eligible to participate in the TikTok 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. Eligible class members may include adults, teens, and parents of children who used TikTok during the relevant time period.
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 lawsuit against TikTok.
How Siskinds can help
If you or someone you know is concerned about your privacy rights in relation to TikTok, Siskinds may be able to help. We have experience in privacy and class action litigation, and represent individuals whose personal information may have been improperly collected or used. Contact us for more information or to receive a free consultation at [email protected] or 1.800.461.6166. If you want updates on the class action, visit the TikTok Privacy class action page and click “join” to complete the form at the bottom of the page.
This article was written with the assistance of Eric Charters (articling student).