TikTok, the short video social platform owned by Chinese company ByteDance, is in the news for changing its privacy policy. This shift has sounded alarms among Chinese users and U.S. legislators. The changes offer clearer disclosures on the app’s potential collection of sensitive information. This would mean including data on users’ immigration status, race and ethnicity. This move comes amidst ongoing scrutiny surrounding the app’s ownership and data practices, especially given concerns over potential surveillance and manipulation of content due to China’s stringent data laws.
The privacy policy changes reflect TikTok’s efforts to comply with various state privacy regulations, notably California’s California Privacy Rights Act (CPRA) and the California Consumer Privacy Act of 2018 (CCPA). These laws force companies to take extra steps to disclose when they are collecting sensitive information. TikTok knows it’s on the hook legally. In response, the platform has introduced more explicit language into its policy to clarify what sensitive data it can or will collect from users.
The revised policy outlines conditions under which TikTok operates within its U.S. joint venture, emphasizing the types of location information and sensitive personal information it collects. TikTok is hoping that a new transparency initiative will help address some of the biggest worries around user privacy and data security. These concerns are compounded by the platform’s ties to a foreign adversary.
Chinese national security laws mandate that companies such as TikTok cooperate with state intelligence efforts. This mandate has garnered strong bipartisan concern from U.S. lawmakers regarding the security of this data. At the same time, they fear American citizens could be put at risk from surveillance or even active manipulation. This could be done through algorithmic changes designed to advance Chinese state narratives or propaganda.
Despite the intentions behind these policy revisions, experts caution that the complexity of the language used may obscure rather than clarify the implications for users. Privacy attorney Ashlee Difuntorum understood that policies such as these can appear intimidating. She explained that they are oftentimes designed for regulators and litigators, instead of the average consumer. To be fair, the phrasing does understandably read like a slap in the face to users when it’s presented so directly.
Viral sensitivity TikTok recently revised its privacy policy, describing certain categories of information that it collects as “sensitive.” This category should include data on race, immigration, and ethnicity. This degree of specificity is intended to meet the requirements of state laws that require businesses to explain what data they collect in reasonably specific terms.
“TikTok is essentially saying that if you disclose something sensitive, that information becomes part of the content the platform technically ‘collects,’” – Ashlee Difuntorum
These changes have a profound effect on corporate policy. They are important milestones in the broader movement and conversations around privacy rights in our new, digital age. Recent legislative actions have further emphasized the need for transparency in how companies handle sensitive consumer information. On that day, October 8, California Governor Gavin Newsom signed Assembly Bill 947 into law. This new legislation mandates that businesses notify consumers about their specific practices for collecting sensitive information.
As TikTok continues to navigate this complex landscape of regulatory compliance and public scrutiny, it faces the challenge of reassuring its user base while adhering to legal obligations. The company takes user privacy and data security seriously. Yet, it is under simultaneous and perpetual scrutiny from oversight regulatory agencies and worried consumers.
