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

When U.S.-based TikTok users opened up the app on the morning of Jan. 23, many were met with a fresh pop-up. 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 prompt came along with a change in the platform’s ownership, part of extended TikTok negotiations (brokered by President Trump) that spun out a U.S. TikTok entity with a U.S.-majority ownership instead of the continued exclusivity of Chinese company ByteDance. Most of the refreshed ToS comply with national security demands placed on the new TikTok USDS Joint Venture LLC entity, in addition to state privacy obligations, like the California Consumer Privacy Act (CCPA) and Washington’s My Health My Data Act.

But some users noticed some concerning language as they reviewed the new document. “NO ONE is talking about Tiktok’s latest update on their terms and services,” wrote X user GEEDEE, noting that the terms included tracking immigration status, religious affiliation, race, gender identity, and medical diagnoses. Others spotted language about collecting precise geolocation data.

So what’s the deal? Did we all just agree to give more of our personal information to the social media giant as it bows down to its American owners?

TikTok’s Privacy Policy

Simple answer: Not really. TikTok’s updated Privacy Policy isn’t changing the bulk of its existing data collection policies, which previously included collecting data users provide about themselves, including information about sexual and gender orientation, citizenship, and mental health diagnoses. TikTok has reserved the right to scan user-generated content — posts, comments, livestreams, audio messages, and other “virtual items” — to collect this information.

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

While some of the information that we collect, use, and disclose may constitute sensitive personal information under applicable state privacy laws, such as information from users under the relevant age threshold, 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 life or sexual orientation, status as transgender or nonbinary, citizenship or immigration status, or financial information, we only process such information in order to provide the Platform and within other exemptions under applicable law. For example, we may process your financial information in order to provide you the goods or services you request from us or your driver’s license number in order to verify your identity.

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

Information You Provide may include sensitive personal information, as defined under applicable state privacy laws, such as information from users under the relevant age threshold, 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 life or sexual orientation, status as transgender or nonbinary, citizenship or immigration status, or financial information. For example, we may process your financial information in order to provide you the goods or services you request from us or your driver’s license number in order to verify your identity. We may also collect precise location data, depending on your settings and as explained below. We process such sensitive personal information in accordance with applicable law, such as for permitted purposes under the California Consumer Privacy Act.

We’ve bolded lines where the language is slightly different. The most apparent change in the app’s data collection practices is that TikTok is now admitting that it will collect precise location data, unless you’ve opted out, and it explicitly mentions obligations under the CCPA.

Both versions of the privacy policy include a caveat that TikTok can collect this information from any kind of user-generated content. Previously, TikTok noted that it could “collect a version of your User Content that does not include [an] effect,” meaning that if you thought you were fully anonymizing your content with a face or voice filter, TikTok could still see past it.

Under the new privacy policy, this practice also applies to generative AI products. And the content doesn’t even need to be published, covering content that is in the “pre-uploading” stage, so while users are creating, importing, or editing — this is how TikTok has been able to recommend trending audios or generate hashtags while you’re making a post, for example.

Third party advertising

As the New York Times reported, TikTok U.S. has expanded its advertising policies, with more “sweeping” language that allows for “customized ads and other sponsored content” from third parties based on information collected from TikTok users — that includes ads off the app.

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

Generative AI rules

TikTok also added a brand new section for content featuring generative AI, aligning the new tech with its existing Community Guidelines. Under the new policy, users cannot use AI-powered bots or interfere with the app’s own generative AI tools, for example, and misleading, unlabeled generative AI content is prohibited.

TikTok instituted AI labelling in 2023, and added additional ways to filter out AI content in November.

Some users online have said they’ll be leaving the platform under its new ownership, citing concerns about government surveillance and content moderation, following federal scrutiny of the app for its “foreign influences” and data collection. The concerns aren’t entirely off the mark, with TikTok’s new leadership already announcing it would be retraining and updating the app’s content recommendation algorithm with more U.S.-centric aims.

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