Following a change in TikTok’s ownership, users in the United States are expressing widespread alarm over the platform’s updated privacy policy. The revisions were highlighted through an in-app message, drawing attention to the conditions set by the new U.S. joint venture. The policy details the specific location information TikTok may collect and includes language stating the app could gather sensitive user data. This data encompasses details such as a person’s sexual life or orientation, status as transgender or nonbinary, and citizenship or immigration status. Many users have taken to social media to share their concerns about these disclosures.
However, this specific disclosure is not new. The same language appeared in TikTok’s privacy policy before the recent ownership deal was finalized. Its inclusion is primarily to comply with state privacy laws, such as California’s Consumer Privacy Act. These laws require companies to clearly disclose what categories of “sensitive information” they collect. Similar disclosures can be found in the policies of other major social media applications.
To understand the user concern and the policy’s wording, it is helpful to consider both the current political climate and the legal landscape TikTok must navigate. The policy explicitly states that TikTok could process information from user content or surveys, including data on racial or ethnic origin, national origin, religious beliefs, mental or physical health diagnosis, sexual life, sexual orientation, gender identity, citizenship, immigration status, or financial information. It is understandable that Americans find this language troubling, particularly given heightened tensions around issues like immigration enforcement.
The policy’s specificity stems from legal requirements under laws like the California Privacy Rights Act. For example, California law defines sensitive personal information to include precise geolocation, genetic data, and a consumer’s racial or ethnic origin, citizenship, or immigration status. Citizenship and immigration status were formally added to this category under California law in 2023. Because the in-app alert coincided with the ownership change, many people are reading TikTok’s terms in detail for the first time. Seeing this explicit language, some users are warning others online and even threatening to delete their accounts.
In reality, TikTok’s policy is stating that, as part of operating its app, it may process sensitive information—especially if a user chooses to share it in a video—and that it agrees to handle that data in accordance with applicable law. The policy even references the California Consumer Privacy Act by name. Legal experts explain that TikTok is required under such laws to notify users about the collection, use, and sharing of sensitive personal information. The detailed listing of categories is often a measure for legal clarity and protection against litigation, not an indication of new or unusual data collection practices.
Similar disclosures exist in other social media privacy policies, though some companies use more general language while others, like TikTok, list precise categories for added legal precision. This explicit listing, while intended for regulatory compliance, can appear intrusive and alarming to everyday users. As one lawyer noted, these policies are often written for regulators and litigators, not consumers. When users share deeply personal content on any social platform, that information becomes part of the data the platform technically collects.
The shift in TikTok’s ownership to a U.S.-based entity was initially driven by concerns over data access by the Chinese government, due to Chinese laws requiring company assistance with state intelligence. Ironically, the current user anxiety appears to have shifted toward potential surveillance by the U.S. government rather than a foreign power. Ultimately, sharing content on any social media platform carries inherent data privacy risks, as these apps collect vast amounts of information and governments can enact laws to access it.