TikTok Claims the Same Privacy Protections as Facebook – but Is That Really the Gold Standard?

TikTok Privacy Concerns: What You Should Know About Apps and Personal Privacy

Privacy concerns regarding the popular short-video social network, TikTok, have gone viral in recent weeks. In July, Secretary of State Mike Pompeo said the U.S. was considering banning TikTok because it places consumers’ “private information in the hands of the Chinese Communist Party.” Days later, the Democratic National Committee advised staffers not to use it. Even TikTok’s target demographic has balked, with gaming superstar Tyler “Ninja” Blevins announcing on July 9 that he had TikTok privacy concerns and would be deleting the app. 

How Did the TikTok Privacy Concerns Develop?

Personal technology and geopolitics have certainly become increasingly more intertwined. Last summer, India banned TikTok and several other Apps from China, citing security concerns. Similarly, many expressed concerns over Russian-made FaceApp, a program that takes photographs and “ages” people using artificial intelligence. So, what’s true and what’s hype? 

It’s true that TikTok is owned by a Beijing-based company called ByteDance (although the app may be in the process of being sold), but the app is not available in China.  And, Kevin Mayer, an American CEO formerly of Disney, was recently hired in an effort to improve the app’s optics. So, is TikTok really mining our data? And does the Chinese government really have access to that data?

According to TikTok spokesperson Ashley Nash-Hahn, “[p]rotecting the privacy of our users data is of the utmost importance,” and while “TikTok collects much less U.S. user information than many of the companies in [its] space and stores it in the U.S. and in Singapore,” it denies having shared any information with the Chinese government, stating “we have not, and would not, give it to the Chinese government.”  But what does this even mean? 

Delving Further into TikTok Privacy Concerns

TikTok’s U.S. privacy policy says it gathers users’ country location, Internet address, and the type of device the user is using. But, if you give it permission, the app also accesses your phone contacts, exact location, age, and phone number.  In other words, TikTok claims to collect data similar to that gathered by Facebook and other social media platforms. But should that really be the gold standard?  

In March 2020, app developers at Mysk determined TikTok was accessing the contents of people’s iPhone clipboards every few seconds, even when the app was running in the background. The previous December, Israeli security firm Check Point found bugs in the app that could allow attackers to access users’ personal data. TikTok claims both issues have since been corrected. However, and perhaps most concerning, TikTok paid $5.7 Million to the Federal Trade Commission in 2019 for violations of America’s Children’s privacy law by its predecessor Musical.ly, acquired in 2017. 

TikTok Private Data Collection and Concern for Chinese Government Access

The broader concern here is China’s potential access to the personal information of U.S. citizens—now or in the future.  While TikTok claims it will not surrender information to the Chinese government, who can say for sure?  TikTok’s own policy includes a loophole, noting “We may disclose your information to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims, or government inquiries.” 

Currently, TikTok is under national security review by the Commission on Foreign Investors in the U.S. after lawmakers alleged it censored content at the request of the Chinese government.  Such claims against the company have only continued to elevate the TikTok privacy concerns by government and users alike. 

Bottom line – while it does not appear that TikTok mines any more data from its users than Facebook or other social media platforms, such news is not all that comforting.  Facebook has also run afoul of the FTC to the tune of $5 Billion –the highest fine in FTC history—over privacy invasions. Still further, it appears that TikTok takes some measures to hide exactly what it is collecting—all in the guise of app security, of course.  Overall, while it is clear TikTok has become a popular target in the geopolitical sphere, the concern is not all hype. There can be no doubt the app mines the data of its users; what remains in doubt is exactly how much data is mined and what TikTok is willing to do with it. In the end, the safest course of action is “user beware.” 

Key Takeaways on Protecting Privacy with App Use

While it is clear TikTok privacy concerns have made quite a stir, it’s important that consumers using it, as well as many other popular apps, be aware that many apps:

  • collect private information from users;

  • specifically mine for data for various uses;

  • often copy and store the private information;

  • can run in the background even when the app is not in use, but simply installed; and

  • have opt out provisions in fine print that consumers should read and be aware of before use.

For more insights on Data Privacy, see our Technology & Data Law Overview and our Industry Focused Legal Solutions pages.

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Law, Blog, Technology & DataMandi Phillips