Do TikTok’s new Terms of Service track race, gender identity, and immigration status?

When TikTok users in the US opened the app on the morning of Jan. 23, many were met with a new bandit. It was time to read the app’s new Terms of Service (ToS) and there was only one option to continue using the app: Agree.

The announcement came alongside a change in ownership of the platform, which is part of TikTok’s extended negotiations (hosted by President Trump) that have seen TikTok’s US business become majority-owned by the US instead of the continued monopoly of Chinese company ByteDance. Most of the updated ToS comply with national security requirements imposed on the new TikTok USDS Joint Venture LLC, in addition to state privacy obligations, such as the California Consumer Privacy Act (CCPA) and Washington’s Personal Data Protection Act.

But some users noticed something about the language as they reviewed the new document. “NO ONE is talking about Tiktok’s recent update on their policies and services,” wrote X user GEEDEE, noting that policies include tracking immigration status, religion, race, gender, and medical diagnoses. Others saw language about collecting precise geolocation data.

So what’s the deal? Have we all just agreed to hand over our personal information to the social media giant as we bow to its American owners?

TikTok Privacy Policy

Simple answer: Not really. TikTok’s updated Privacy Policy does not change many of its existing data collection policies, which previously covered data collection. users provide them, including information about gender and sexuality, citizenship, and mental health diagnoses. TikTok reserves the right to scan user-generated content – posts, comments, live streams, audio messages, and other “real objects” – to collect this information.

Here is the language from the previous policy, as recorded by the Wayback Machine on Dec. 1, 2025:

Although some of the information we collect, use, and disclose may include sensitive personal information under applicable state privacy laws, such as information from users under the applicable age limit, information you disclose in survey responses or in your User Content about your racial or ethnic origin, national origin, religious beliefs, mental or physical health diagnosis, sexual health or gender preference, transgender or non-financial status, we only process such information to provide the Platform and within other exemptions under applicable law. For example, we may process your financial information to provide you with goods or services you request from us or your driver’s license number to verify your identity.

And here is the new language as of Jan. 22, 2026:

The Information You Provide may include sensitive personal information, as defined under applicable national privacy lawssuch as information from users under the appropriate age limit, information you disclose in survey responses or in your user content about your racial or ethnic origin, national origin, religious beliefs, mental or physical health diagnosis, sexual health or gender identity, transgender or non-binary status, citizenship or immigration status, or financial information. For example, we may process your financial information to provide you with goods or services you request from us or your driver’s license number to verify your identity. We may also collect accurate location data, depending on your settings and as described below. We process such sensitive personal information in accordance with applicable law, as permitted purposes under the California Consumer Privacy Act.

We have bold lines where the language is slightly different. The most obvious change in the app’s data collection practices is that TikTok now agrees to collect accurate location data, unless you have opted out, and clearly states obligations under the CCPA.

Both versions of the privacy policy include the caveat that TikTok may collect this information from any type of user-generated content. Previously, TikTok noted that it “may collect a version of your User Content that does not include [an] result,” which means if you thought you weren’t fully revealing your content with a face or voice filter, TikTok can still see you beyond that.

Under the new privacy policy, this practice also applies to artificial intelligence products. And the content doesn’t even need to be published, including content in the “pre-load” category, so while users are creating, importing, or editing – this is how TikTok can recommend trending audio or generate hashtags while you’re writing, for example.

Third party advertising

As i New York Times reported, TikTok US has expanded its advertising policies, with “sweeping” language that allows for “customized ads and other sponsored content” from third parties based on information collected from TikTok users — including in-app ads.

Previously, TikTok’s policy was dictated by using data for “tailored” in-app advertising and personalized recommendations.

The rules of Generative AI

TikTok also added a brand new AI-generated content category, which aligns the new technology with existing Community Guidelines. Under the new policy, users can’t run an AI-powered bot or interfere with the app’s AI-generated tools, for example, and mocking, unlabeled AI-generated content is allowed.

TikTok established an AI label in 2023, and added more ways to filter AI content in November.

Some online users said they would leave the platform under its new ownership, citing concerns about government surveillance and content moderation, following the app’s corporate scrutiny of “external influences” and data collection. Concerns are not completely gone, as the new leadership of TikTok has already announced that it will retrain and update the app’s content recommendation algorithm for more US-centric purposes.

If you’ve been on an app for a while and haven’t read its Terms of Service, maybe now is the time.