Many TikTok users were alarmed when they noticed a pop-up appear on their screens in late January. The pop-up announced that TikTok would be updating its Terms of Service and Privacy Policy, specifically calling out “new types of location information (including device geolocation) we may collect from you, with your permission.” It asked users to agree before they could start scrolling again. Most people agreed and went on to enjoy their cat videos. Some freaked out about the extent of changes.
These changes are part of a bigger transition to new ownership at TikTok. Now that it’s under ownership that’s based in the United States, TikTok potentially collects more detailed information about its users. This includes data about their locations. Here’s what you should know.
Here’s How the TikTok Terms of Service Have Changed
TikTok’s updated Terms of Service and Privacy Policy does not change most of its existing data collection policies. The app has always collected potentially sensitive personal information users provide about themselves, including information about their gender identities, immigration status, financial information, religious affiliations, physical and mental health, race, and other important information. But there are some differences.
Location Tracking
A key difference is that the updated policy changes TikTok’s location tracking. Before the update, the app didn’t collect precise, GPS-derived location data from users — just information based on their SIM cards or IP addresses, as well as location information that users chose to add to content they created.
But now, if you give TikTok permission to use your phone’s location services, the app may collect information about exactly where you are. The updated policy says “[I]f you choose to enable location services for the TikTok app within the device settings, we collect approximate or precise location information from your device.”
Generative AI Products
The old policy didn’t mention AI interactions, but the updated policy does. The policy now says that TikTok automatically collects information, including information about AI interactions like prompts, questions, files, and other types of information that a user submits to TikTok’s AI-powered interfaces. This information can even be collected at the “pre-uploading” stage, meaning that TikTok can see it before you publish the content. That’s how the app can recommend trending audios or generate hashtags while you’re making a post.
The policy language also outlines some new rules around creating and posting AI content. TikTok forbids users from removing watermarks or metadata from AI-generated user content, or from implying that AI-generated content is real.
Third Party Advertising
The new privacy policy change also comes with an expanded TikTok Ad Network. This probably won’t be immediately noticeable to users, but may have an impact on the kinds of ads they see outside of TikTok. Instead of just using collected data to target users with in-app ads, TikTok may now leverage the information it learns to help serve more relevant ads wherever a user goes online.
TikTok Has New U.S. Owners (and a History of American Skepticism)
For years, politicians in the U.S. have pushed for TikTok’s Chinese parent company, ByteDance, to sell to American owners. Both Democrats and Republicans have raised concerns that the Chinese government spies on American users through the app, and that it manipulated the algorithm to feature content that represents China’s point of view. They said that the user data TikTok collects could pose a data security risk and fall into the hands of the Chinese government. Furthermore, they worried misinformation campaigns would be weaponized against the American people.
Some experts theorize that this anti-Chinese skepticism goes all the way back to the Cold War, when the United States and China found themselves on opposite sides of a global, ideological, military, and geopolitical divide between communism and capitalism. Plus, they say, TikTok makes a convenient enemy to gain political leverage. Everyone wants to keep kids safe online. So, it becomes easy for politicians to gain votes by promising to crack down on a foreign company.
While U.S. claims about the misappropriation of Chinese data have been bipartisan and widespread, there’s not really hard evidence to support them. In testimony to Congress about TikTok, leaders of the FBI, CIA, and the director of national intelligence did not present evidence of harm, suggesting that the national security threat posted by TikTok is hypothetical at this point.
Despite this, and because of the broader fears about China, the U.S. government compelled TikTok to transition their U.S. operations from Chinese control to a new, American-majority corporate entity. That new entity is called TikTok USDS Joint Venture L.L.C. It’s made up of a group of investors that includes the software company Oracle. Recent policy changes come on the heels of that transition.
How Do TikTok’s Terms of Service Compare to Other Social Media Platforms?
So, how do TikTok’s data collection practices compare to those of other apps, like Facebook or Instagram? The truth is that TikTok is not unique in collecting a wide range of data. Like TikTok, platforms like Facebook and Instagram also collect lots of data, including data that users provide when they create their accounts, technical device data, and inferred behavioral and interest data based on how people use the platform.
There’s a widely discussed concept that’s often brought up when talking about social media: If you’re not paying for the product, the product is you. When a person uses social media, a large amount of information is collected about them.
That information is used to create interest and behavior profiles. Advertises use those profiles to target specific demographics, indicate purchase intent, flag life events (like the birth of a new baby and the shopping spree that comes with it), or note political or issue interests. The data is also used to measure which ads work and increase platform ad prices. In short: The information about users is used to strategically get them to buy more. In that way, it’s extremely valuable to advertisers and to social media platforms. It’s what makes them profitable.
So, should users be worried about their sensitive data? Users should definitely be aware that nothing on the internet is private. Maybe you’ve heard the phrase “dance like no one is watching.” In opposition to that, abide by the phrase “use social media like everyone is watching.” Because they are.
Related Resources
- TikTok on the Chopping Block as Court Backs U.S. Ban (FindLaw's Courtside)
- A Consumer Guide to U.S. Data Privacy Laws (FindLaw's Learn About the Law)
- Social Media Privacy Laws (FindLaw's Learn About the Law)
