This year, when TikTok offered to give the U.S. government oversight of its algorithm and store all user data domestically in the U.S. after the United States Congress passed a bill to force the sale of the viral Chinese app due to security concerns and was refused, the company predictably challenged the bill in court hoping to overturn it.
However, little did it know there was more dirt being unearthed under its feet.
This month, the US Justice Department counter-sued TikTok for alleged violations of kids’ privacy citing that it “knowingly allowed children under 13 to create accounts in the regular TikTok experience and collected extensive personal information from those children without first providing parental notice or obtaining verifiable parental consent,” since 2019.
In its defense, the company through its rep says that the allegation relates to “practices that are factually inaccurate or have been addressed.”
While lawsuits such as these may be seen as almost a rite of passage for social platforms these days, with companies like Google, Microsoft, and Epic Games having paid millions in penalties for violations related to user data collection, these legal challenges underscore the urgent need for a shift in how tech companies approach data ethics, especially when it involves vulnerable groups like children.
Tech companies and their employees, as a norm, must take a deep and reflective approach to consider the broader societal impact of their data practices.
“When GDPR was introduced, organizations were quick to meet this legislation’s requirements, with the threat of serious financial repercussions if they failed to do so. But there’s still more they can do to serve consumers ethically and responsibly during data collection. said Paul Clough
As we’ve seen, merely adhering to legal requirements without a genuine commitment to deep and careful analysis of the wider societal Implications that aggressive data collection practices may bring about is insufficient.
As an example of a case where inconsiderate data practice could have resulted in serious consequences for users, Google, in a high-profile case last year, agreed to destroy billions of user data to settle allegations that it tracked users who believed they were browsing privately in Chrome’s “Incognito” mode.
Google agreed to destroy billions of user data from Chrome’s “Incognito” mode
What would have been the fate of Chrome users should this record have been somehow open to the public?
While laws such as the General Data Protection Regulation (GDPR) in the EU suggest that consent must be given to collect data for an explicit and stated purpose, unfortunately, companies sometimes resort to manipulative user agreements to get the consent they need.
Paul Clough puts it best when he said “The value of consent is diminished when it becomes a condition of service.”
Companies must, as a matter of social responsibility, start to emphasize the consideration of the wider impact of their data practices. They must be ready to look at user data collection from beyond the prism of profit-making.
“A paper published in 2022 by three US universities suggests Alexa collects sensitive voice and biometric data and shares the insights with as many as 41 ad partners. said, Paul Clough
The collection and use of deceptively harvested user data—especially in perpetuity—may have serious societal implications such as the erosion of trust in digital platforms in ways that supersede whatever benefits such actions may guarantee.
Alexa is infamous for collecting user data when not in use.
A classic example of such a case is that of the once viral home assistance, Alexa, whose infamy for deceptively collecting user voice data when not in use has seen its sales noticeably decline as well as continue to lose Amazon money due to the reservations users have about using the device for shopping due to security concerns.
There are endless examples of questionable personal data collection practices such as this. The worst part is that the majority still go unnoticed.
To quote Paul a second time, “organizations shouldn’t operate with an intention of gathering as much as they can, to be used for an undefined purpose, at an undetermined point in the future.”
Big tech employees and their leads must always ask several questions at every step of the way in the process of user data collection.
They must ask:
- Do we have outright permission from users to collect their data?
- Are they aware their permission must be voluntary?
- Do they know that they could freely revoke their permission without fear of retaliation?
Users must be fully informed about what data is being collected, how it will be used, and who will have access to it.
Even then, above all, companies must let the consciousness of the possible negative societal consequences of their action guide them. Practices such as hiding crucial details in long and difficult to understand policy documents to avoid the possibility of user nonconsent and being lackluster about adherence to universal privacy and data collection laws such as the GDPR must, as a matter of urgency, be frowned upon.
More than just adhering to codified laws, ethical data collection should involve a conscientious approach that prioritizes the consideration of the broader societal implications of data practices. This means actively striving to minimize any negative societal effects that may arise from indiscriminate data harvesting or a laissez-faire attitude towards obtaining genuine user consent as is the case with TikTok.
The failure to do so will not only erode trust between users and platforms but may lead to significant societal harm, such as the exploitation of vulnerable populations, the perpetuation of biases, and the weakening of privacy norms.
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