Following the recent change in ownership of TikTok, users in the U.S. have been thrown into a frenzy over the updated privacy policy of the popular app. An in-app message alerted users to the changes, sparking concerns over the specific location information that TikTok may collect under the new ownership. Many users have taken to social media to express their worries about language found in the policy that mentions the collection of sensitive information such as “sexual life or sexual orientation, status as transgender or nonbinary, citizenship or immigration status.”
Despite the widespread panic, this disclosure is not new and does not necessarily imply what many users fear. The same language was present in TikTok’s privacy policy before the ownership change took place, and it is primarily included to comply with state privacy laws like California’s Consumer Privacy Act, which mandates companies to disclose to consumers what “sensitive information” is being collected. Similar disclosures can be found in the privacy policies of other social media apps as well.
To understand why users are alarmed and why the policy is worded in this manner, it is essential to consider both the current political climate and the legal requirements that TikTok is navigating. The policy outlines that TikTok may process information related to users’ content or shared through surveys, including details about their “racial or ethnic origin, national origin, religious beliefs, mental or physical health diagnosis, sexual life or sexual orientation, status as transgender or nonbinary, citizenship or immigration status, or financial information.”
The mention of citizenship and immigration status in particular has struck a nerve with Americans, especially given the heightened immigration enforcement under the previous administration. Recent protests in Minnesota against Immigration and Customs Enforcement (ICE) have further fueled concerns over privacy and data collection practices.
However, the language in TikTok’s privacy policy predates these events and is intended to comply with state privacy laws that define what constitutes “sensitive personal information.” California’s privacy laws, for example, consider sensitive information to include a consumer’s social security number, financial account details, precise geolocation, racial or ethnic origin, citizenship or immigration status, among other categories.
Due to the requirement of disclosing sensitive personal information under these laws, TikTok has detailed these categories in its policy as examples. This level of specificity is aimed at providing transparency to users about the data being collected and how it will be used, in accordance with applicable laws.
While the wording of TikTok’s policy may seem alarming to users, it is primarily intended for regulatory and legal purposes rather than for ordinary consumers. The app is essentially stating that if users disclose sensitive information in their content, that information becomes part of the data processed by the platform.
Overall, the inclusion of specific sensitive information categories in TikTok’s privacy policy is a common practice among social media apps to comply with privacy laws and provide transparency to users. The decision to move TikTok’s U.S. operations to the U.S. was driven by concerns over data security and government surveillance, highlighting the complex landscape of privacy and data protection in the digital age.
