TikTok Faces Lawsuit Over Alleged Data Deletion Related to Fatal Challenges
Families of four British children who died after participating in a TikTok challenge seek access to their children's account data.
A lawsuit has been filed in the United States against TikTok and its parent company, ByteDance, by the families of four British children who allegedly died after attempting a challenge popularized on the platform.
The deceased young people—Isaac Kenevan, Archie Battersbee, Julian 'Jools' Sweeney, and Maia Walsh—were aged between 12 and 14. The parents are pursuing access to their children's TikTok account data as part of their wrongful death claims, which they believe will provide insights into the events leading to their children's deaths.
The lawsuit centers around a challenge known as the 'blackout challenge', which the parents allege encouraged dangerous behavior.
In response to the legal action, Giles Dennington, senior government relations manager at TikTok, stated on BBC Radio 5 Live that there are limitations regarding the availability of certain data due to the company's compliance with data protection laws.
He remarked, 'There are some things we simply don’t have'.
Ellen Roome, mother of Julian Sweeney, expressed her frustration regarding the difficulty in obtaining her son's account data.
She stated that TikTok informed her that a court order would be necessary for the release of this information.
Roome is advocating for legislative changes that would allow parents to access their deceased children's social media accounts.
Dennington explained that the legal framework surrounding data management requires companies to delete certain information promptly and that this could affect the data available to parents seeking answers about their children's deaths.
'This is really complicated stuff because it relates to the legal requirements around when we remove data,' he stated, acknowledging that the situation was not a simple matter of withholding information.
The lawsuit claims that TikTok encourages dangerous content to drive user engagement, a accusation Dennington refuted by asserting that TikTok actively removes harmful content and does not promote such challenges.
He noted that the 'blackout challenge' predated TikTok and claimed that the company has taken preventive measures, including banning searches for related terms since 2020. Dennington emphasized, 'We don’t want anything like that on the platform and we know users don’t want it either'.
In light of these events, TikTok has engaged with some of the affected families to address their concerns, while maintaining its commitment to user safety and conformity with legal regulations regarding data protection and content management.