TikTok Updates Terms On Sensitive Data Collection

TikTok’s latest Terms of Service and Privacy Policy have ignited new questions from users who worry the app is now “tracking” race, gender identity, and immigration status. The short answer: the company has long said it may collect sensitive details if you share them in your content or responses, and the updated language largely clarifies that practice rather than introducing a brand-new data grab.

What the terms actually say about sensitive data collection

The updated policy states that “Information You Provide” can include sensitive personal information under state privacy laws—explicitly naming racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, transgender or nonbinary status, and citizenship or immigration status. Critically, the policy frames this as information you disclose in user content or survey responses, not as mandatory fields you must fill out.

Archived versions of TikTok’s Privacy Policy show these categories were already listed in late 2025, according to the Internet Archive’s Wayback Machine. In other words, TikTok is reiterating that if you state, depict, or otherwise share sensitive details in videos, captions, comments, live streams, or surveys, the platform may process them to operate and personalize the service.

Example: if you mention being a recent immigrant, discuss your health diagnosis, list your pronouns, or reference your religion in a video or caption, TikTok can treat that as sensitive data you provided. The same applies if you share such information during live streams or in Q&A features.

Does This Mean TikTok Is Tracking Your Identity?

Not in the sense of creating a mandatory profile of your race, gender identity, or immigration status by default. The policy emphasizes collection from what you disclose. However, like other major platforms, TikTok analyzes user-generated content—including drafts and “pre-upload” material—to power recommendations, safety systems, and features such as audio suggestions and hashtag prompts. That scanning can surface sensitive information if it appears in the material you create.

Past policy language also noted TikTok may analyze content without certain visual or audio effects. In practice, that means filters don’t guarantee sensitive attributes are hidden from automated systems. The company additionally bars misleading or unlabeled generative AI content and disallows using bots to interfere with its AI tools, aligning with broader platform integrity rules.

What actually changed in TikTok’s updated policies

Two developments stand out. First, the policy now explicitly acknowledges collecting precise location data, depending on your settings. That’s a notable shift in transparency and makes your permission choices more consequential at the device and app level.

Second, TikTok’s advertising terms have broadened to allow “customized” ads that can also appear off-platform, as reported by major outlets. Previously, the language focused more narrowly on “tailored” in-app advertising. While the company says it processes sensitive information consistent with state laws, the expansion of ad scope underscores why users are scrutinizing what gets collected from their content.

Legal context and limits under U.S. privacy laws

California’s Consumer Privacy Act and its CPRA amendments define “sensitive personal information” and give residents rights to access, delete, and limit certain uses. Businesses can still process sensitive data for “permitted purposes” such as providing services, security, and preventing fraud. TikTok’s policy explicitly cites processing consistent with these laws.

Other state laws, including Washington’s My Health My Data Act, add rules around health-related information. Enforcement can involve the California Privacy Protection Agency for state compliance and the Federal Trade Commission for deceptive or unfair practices. The upshot: what a platform says in its policy matters, and regulators can penalize discrepancies between promises and behavior.

How to limit what TikTok collects from your activity

• Control location: disable precise location for TikTok in your device settings and within the app if available. Location signals can still derive from IP addresses, but precision matters for profiling.
• Reduce ad personalization: review ad and personalization settings in TikTok, and restrict cross-app tracking in your mobile OS. This can reduce how data flows into customized ads on and off the platform.
• Be mindful of disclosures: avoid stating sensitive details in videos, captions, or live chats if you don’t want them processed. Remember that drafts and pre-upload content can be analyzed to power features.
• Audit your footprint: use TikTok’s data download tools to see what the service stores about you, and periodically review privacy settings as they evolve.

Bottom line: what the TikTok policy update means now

The updated Terms of Service do not newly require users to hand over race, gender identity, or immigration status. Rather, TikTok reaffirms it may process sensitive information you reveal in your own content or responses, and it more clearly states that precise location data may be collected if enabled. For privacy-conscious users, the most effective steps remain practical: tighten settings, limit disclosures in content, and keep an eye on how policy language—and enforcement—continues to evolve.