In a recent development in the digital privacy arena, TikTok is embroiled in a lawsuit over its alleged tracking of non-users. The heart of the issue lies in TikTok’s use of a digital tool known as a “pixel,” utilized by websites to gather advertising data. This tool is reportedly embedded in sites operated by popular online platforms such as Hulu, Etsy, and Build-a-Bear Workshop.
The lawsuit, initiated by California resident Bernadine Griffith, accuses TikTok of covertly collecting data from visitors of these websites, including those without TikTok accounts. Griffith’s allegations suggest that TikTok’s technology is capable of gathering user data even when attempts are made to block third-party cookies.
TikTok’s defense strategy, revealed in recent court documents, is built on the premise that users consent to data collection. The company argues that by continuing to visit these websites, users implicitly agree to the collection and sharing of their information with third parties, including TikTok. This stance frames the complaint against data sharing as a fundamental misunderstanding of how the internet functions.
However, this argument faced a setback. U.S. District Court Judge Stanley Blumenfeld, Jr., overseeing the case, allowed most of Griffith’s claims to proceed, acknowledging a precedence of similar privacy lawsuits in California against tech giants like Meta and Google.
Further complicating the case is an amended complaint filed by Griffith and other non-TikTok users. This revised lawsuit includes additional details and asserts that TikTok violated federal wiretap laws. TikTok’s response to this was to request a dismissal, claiming the lack of sensitive or personally identifiable information in the data collected. However, Judge Blumenfeld dismissed this request, allowing the lawsuit to move forward.
TikTok’s answer to the lawsuit also hints at shifting some responsibility to the web publishers that installed the pixel, arguing that these operators chose to use and configure TikTok’s tools.
This legal battle is part of a broader discussion about online privacy, highlighted by a Consumer Reports investigation in September 2022. This report revealed TikTok’s partnerships with various companies to collect data about web users. The findings indicated that while TikTok’s tracking tools are less prevalent than those of Google and Meta, the issue of digital tracking and privacy remains a significant concern for internet users.
