TikTok privacy policy updates spark user concern

TikTok users are reacting with concern to the company’s updated privacy policy regarding the collection of sensitive information. The updated document details conditions for using the service, including specific location information the platform may collect. The anxiety centers on language stating that TikTok could process sensitive information from user content or surveys. This includes categories such as “sexual life or sexual orientation, status as transgender or nonbinary, citizenship or immigration status.”

However, legal experts clarify that the disclosure of sensitive information collection is not new and is primarily for compliance with state privacy laws. The same language appeared in an earlier TikTok policy update on August 19, 2024. Specifically, the California Consumer Privacy Act (CCPA) requires businesses to notify consumers when they collect sensitive data. Additionally, citizenship and immigration status were added to the category of sensitive personal information by AB-947, a California state law signed by California governor Gavin Newsom on October 8, 2023. Jennifer Daniels, a partner at the law firm Blank Rome, explains that “TikTok is required under those laws to notify users in the privacy policy that the sensitive personal information is being collected, how it is being used, and with whom it is being shared.” Her colleague Philip Yannella, co-chair of Blank Rome’s Privacy, Security, and Data Protection Practice, notes that the inclusion of this language is likely driven by litigation concerns under state laws.

Other social media platforms, such as Meta, use similar disclosures to comply with these regulations. Ashlee Difuntorum, an associate at the law firm Kinsella Holley Iser Kump Steinsapir (KHIKS), notes that users frequently share deeply personal topics on social media. Difuntorum explains that TikTok is essentially saying that if a user discloses something sensitive, that information becomes part of the content the platform technically collects. She notes that such policies often look alarming because they are written for regulators and litigators rather than ordinary consumers. TikTok did not respond to a request for comment regarding the policy updates.

The user anxiety is heightened by the current political climate in the U.S., particularly following recent events in Minnesota. Clashes between Minnesota residents and Immigration and Customs Enforcement (ICE) agents have led to thousands of arrests and the death of American citizen Renée Good. In protest, hundreds of businesses closed their doors in an economic blackout. While these events have intensified fears of government surveillance, the privacy policy language predates these developments. The transition of TikTok’s U.S. operations under new ownership was originally intended to address surveillance concerns related to its former parent company, ByteDance, and China. Now, however, U.S. users are increasingly focused on potential data collection by their own government.

Why it matters

While users fear the policy signals new surveillance, it actually reflects the growing complexity of U.S. state-level privacy compliance, where companies must explicitly list sensitive categories to avoid litigation.