With the change in TikTok ownership<\/a>, TikTok users in the U.S. are collectively freaking out over the company\u2019s updated privacy policy<\/a> after being alerted to the changes through an in-app message. The revised document details the U.S. joint venture\u2019s conditions for using its service, including the specific location information it may collect. Many users are also posting to social media<\/a> about language found in the policy, which says that TikTok could collect sensitive information about its users, including their \u201csexual life or sexual orientation, status as transgender or nonbinary, citizenship or immigration status.\u201d<\/p>\n But despite the panic, this disclosure isn\u2019t new \u2014 and it doesn\u2019t mean what many users fear. The same language appeared in TikTok\u2019s privacy policy before the ownership deal closed<\/a>, and it\u2019s primarily there to comply with state privacy laws like California\u2019s Consumer Privacy Act, which requires companies to agree to disclose to consumers what \u201csensitive information\u201d is collected. Similar disclosures appear in other social media apps\u2019 policies.<\/p>\n To understand why users are concerned \u2014 and why the policy reads this way \u2014 it helps to look at both the current political climate and the legal requirements TikTok is navigating.<\/p>\n Specifically, the policy states that TikTok could process information from users\u2019 content or what they may share through surveys, including information about their \u201cracial 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.\u201d<\/p>\n It\u2019s not surprising that Americans would find this type of language troubling, especially given the current political climate.<\/p>\n The escalation of immigration enforcement under the Trump administration has led to widespread protests across the country, which have now come to a head in Minnesota. On Friday, hundreds of businesses<\/a> closed their doors in an economic blackout<\/a> to protest the presence of Immigration and Customs Enforcement (ICE) in the state. The move follows weeks of clashes between Minnesota residents and ICE agents, which have led to thousands of arrests<\/a> and the death of American citizen Ren\u00e9e Good<\/a>.<\/p>\n But the privacy policy language predates these concerns. In TikTok\u2019s earlier policy,<\/a> updated on August 19, 2024, the company explained that some of the information it collects and uses may \u201cconstitute sensitive personal information\u201d under state privacy laws.<\/p>\n Techcrunch event<\/p>\n \n\t\t\t\t\t\t\t\t\tSan Francisco<\/span> It then proceeded to list those same categories as examples. The legal reason is straightforward.<\/p>\n The policy\u2019s specificity around types of \u201csensitive information\u201d has to do with state privacy laws, like California\u2019s California Privacy Rights Act (CPRA) and the California Consumer Privacy Act of 2018 (CCPA). The latter, for instance, requires businesses to inform consumers when they collect \u201csensitive information,\u201d which the law defines as including things like:<\/p>\n Of note, citizenship and immigration status were specifically added to the category of \u201csensitive personal information\u201d when California Governor Gavin Newsom signed AB-947 into law on October 8, 2023<\/a>. <\/p>\n Because of the in-app alert timed to the deal\u2019s closure (a requirement because of the new legal entity), many people are now reading through TikTok\u2019s terms for the first time. Seeing this language and fearing the worst, they are posting to social media about their concerns<\/a> and warning others; some are even threatening to delete<\/a> their accounts.<\/p>\n But what TikTok\u2019s policy is actually saying is that, as part of operating its app, it may process sensitive information \u2014 especially if it\u2019s the subject of someone\u2019s video \u2014 and that it\u2019s agreeing to process that sensitive information \u201cin accordance with applicable law.\u201d<\/p>\n The policy even references the CCPA by name, as an example of the applicable laws TikTok is agreeing to. <\/p>\n \u201cTikTok 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,\u201d explains Jennifer Daniels, a partner at the law firm Blank Rome, where she provides counsel on regulatory and general corporate law matters.<\/p>\n Her colleague, Philip Yannella, co-chair of Blank Rome\u2019s Privacy, Security, and Data Protection Practice, points out that TikTok likely decided to include this language in its privacy policy because of litigation concerns. For instance, he says that lately, he has seen several demands under the California Invasion of Privacy Act (CIPA) from plaintiffs\u2019 lawyers who alleged \u201cthe collection of racial, immigration, and ethnic data.\u201d<\/p>\n A similar type of disclosure to TikTok\u2019s can be found in other social media apps, though some companies keep the explanations more high-level, while others, like TikTok, will list out the precise categories that are legally defined as \u201csensitive information\u201d for additional clarity. <\/p>\n Still, at least one lawyer consulted by TechCrunch noted that spelling out these specific sensitive details so precisely can actually make things less clear to the end users.<\/p>\n As a point of comparison, Meta\u2019s privacy policy<\/a> gets fairly granular, too, though it doesn\u2019t specifically include \u201cimmigration status\u201d as one of its examples of sensitive information:<\/p>\n Users on social media often share deeply personal topics, explains Ashlee Difuntorum, an associate at Kinsella Holley Iser Kump Steinsapir (KHIKS) and a business litigator with experience representing software and technology companies.<\/p>\n \u201cTikTok is essentially saying that if you disclose something sensitive, that information becomes part of the content the platform technically \u2018collects,\u2019\u201d she tells TechCrunch. \u201cPolicies like this often look alarming because they\u2019re written for regulators and litigators, not for ordinary consumers.\u00a0That said, the wording can understandably strike users as intrusive when it\u2019s laid out so bluntly.\u201d<\/p>\n TikTok did not respond to a request for comment. <\/p>\n Of course, sharing content on social media sites isn\u2019t without risk, particularly under authoritarian governments that target their own citizens. These apps collect gobs of data, and governments can enact laws to gain access to it. <\/p>\n Ironically, the decision to move TikTok\u2019s U.S. operations to the U.S. under new ownership was due to this exact concern, but with China then seen as the potential threat.<\/p>\n Chinese laws require companies to assist with state intelligence and data security, including its 2017 National Intelligence Law and its 2021 Data Security Law. The fear among U.S. lawmakers<\/a> was that TikTok\u2019s ownership by a Chinese entity, ByteDance, could put U.S. citizens at risk, either via surveillance or subtle changes to the app\u2019s algorithm designed to influence people or promote Chinese propaganda. <\/p>\n Now, people in the U.S. are more worried about their own government\u2019s potential surveillance rather than China\u2019s.<\/p>\n![\"\"](\"https:\/\/techcrunch.com\/wp-content\/uploads\/2026\/01\/Screenshot-2026-01-23-at-3.23.24-PM.jpg?w=680\")
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