A TikTok executive has acknowledged that data sought by grieving parents, who believe their children died attempting a viral challenge on the platform, may have already been removed due to legal and data protection policies.
The lawsuit, filed against TikTok and its parent company ByteDance, involves the deaths of Isaac Kenevan, Archie Battersbee, Julian “Jools” Sweeney, and Maia Walsh—all between 12 and 14 years old. The parents allege that their children lost their lives after attempting the “blackout challenge”, a dangerous trend where individuals intentionally deprive themselves of oxygen.
Parents Seek Answers, TikTok Cites Legal Limitations
Speaking to BBC Radio 5 Live on Safer Internet Day, Giles Derrington, senior government relations manager at TikTok, said the company was in contact with some of the parents and acknowledged their “unfathomably tragic” losses. However, he emphasized that TikTok might no longer have the data being requested.
“This is really complicated because it relates to the legal requirements around when we remove data,” Derrington explained. “We have, under data protection laws, requirements to remove data quite quickly. That impacts on what we can do.”
Families of the victims, however, have accused TikTok of lacking transparency and compassion.
Ellen Roome, mother of 14-year-old Jools, has been campaigning for legislation that would grant parents access to their deceased child’s social media accounts.
Lisa Kenevan, mother of 13-year-old Isaac, questioned TikTok’s handling of the situation, saying: “Why hold back on giving us the data? How can they sleep at night?”
Derrington defended the platform, stating that data deletion policies are legally mandated and that TikTok does not have hidden information it is withholding from parents.
“Everyone expects that when we are required by law to delete some data, we will have deleted it,” he said. “This is a more complicated situation than us just having something we’re not giving access to.”
Legal Battle and TikTok’s Defense
The Social Media Victims Law Center, a U.S.-based organization, is representing the families in court. The lawsuit alleges TikTok failed to enforce its own safety rules, allowing the blackout challenge to circulate widely in 2022 despite platform policies prohibiting content that promotes dangerous behavior.
TikTok, however, insists the blackout challenge predates the platform and that no evidence suggests it ever “trended” on TikTok.
“We have never found any evidence that the blackout challenge has been trending on the platform,” Derrington said. “Since 2020, we have completely banned even being able to search for the words ‘blackout challenge’ or variants of it, to make sure that no one is coming across that kind of content.”
TikTok’s Safety Measures Under Scrutiny
TikTok says it is investing heavily in content moderation, with over $2 billion (£1.6 billion) allocated this year alone and tens of thousands of human moderators reviewing posts globally.
The platform has also launched an online safety hub to provide resources for users and parents on how to stay safe.
Despite these measures, the grieving families believe more must be done to prevent similar tragedies and hold tech companies accountable.
“This is a really, really tragic situation,” Derrington said. “But we are constantly working to make sure that people are safe on TikTok.”
As the lawsuit unfolds, the case will likely fuel ongoing debates about social media responsibility, parental control over digital content, and the effectiveness of platform safety policies.
