TikTok’s New Terms: Tracking Race, Gender Identity, and Immigration Status?
On January 23, TikTok users in the U.S. encountered a new pop-up prompting them to agree to updated Terms of Service (ToS) to continue using the app. This update followed a significant shift in TikTok’s ownership structure, as the platform’s operations transitioned to a U.S.-majority ownership following negotiations brokered by former President Donald Trump.
TikTok’s Updated Terms of Service
The refresh of TikTok’s ToS aligns with national security demands for the newly formed TikTok U.S. entity, known as TikTok USDS Joint Venture LLC. It also adheres to various privacy laws, including the California Consumer Privacy Act (CCPA) and Washington’s My Health My Data Act.
However, the new terms sparked concerns among users, especially regarding changes in data collection practices. Noteworthy updates include language about collecting sensitive personal information such as immigration status, religion, race, gender identity, and medical diagnoses. Observers questioned whether this meant users had inadvertently agreed to share more personal information with the platform.
Privacy Policy Insights
Despite user concerns, the core elements of TikTok’s data collection practices remain largely unchanged. The updated Privacy Policy continues to encompass user-provided data, including details about one’s sexual orientation, mental health status, and citizenship. TikTok reserves the right to scan user-generated content—including posts, audio messages, and comments—for this information.
The new policy explicitly acknowledges the collection of precise location data, a detail that users can opt out of. This marks a more transparent approach compared to the previous version, which hinted at potential data collection even when users applied filters to anonymize their content.
Third-Party Advertising and Customization
In addition to the user data updates, TikTok’s advertising policies have evolved to enable more customized ads based on user information. This includes advertising beyond the app itself, expanding the reach and impact of personalized content recommendations.
Generative AI Guidelines
A significant addition to the new terms is a section focused on generative AI content. Users are prohibited from employing AI-powered bots that disrupt the app’s operations. TikTok emphasizes transparency in AI-generated content, mandating that users do not mislead others about the origin of such material.
User Reactions and Future Implications
As a result of these changes, many users have expressed unease about the potential for increased surveillance and content moderation. The app’s new leadership has also indicated a plan to revise the content recommendation algorithm to prioritize U.S.-centric content, raising further concerns about user privacy.
- Key Updates in ToS:
- Collection of sensitive data (race, religion, immigration status).
- Precision in location data collection.
- Expansion of third-party advertising practices.
- New regulations on generative AI usage.
For users continuing to engage with TikTok, a thorough review of the updated Terms of Service and Privacy Policy is advisable. The changes reflect broader legal and regulatory pressures and the platform’s shifting ownership dynamics.
