TikTok and the United States: a new beginning in the protection of personal data

TikTok is one of the most popular social media platforms in the world. With a format that allows the consumption of short videos through a simple movement, it captures the attention of people of all ages thanks to the diversity of content it offers. According to Statista Consumer Insights, in the United States alone, 4 out of 10 adults between the ages of 18 and 64 regularly used TikTok in 2023. This made the Chinese social network the fourth most used and popular in the United States, only behind Facebook, YouTube, and Instagram. In addition, it is the most popular app among young people, with at least 60% of regular users being between 18 and 29 years old, making it the most popular social network among young Americans. Why is it relevant to mention the app’s data in the United States? Recently, it has caused major controversy within the government of President Joe Biden. In February 2023, the White House issued a statement to federal agencies granting them 30 days to remove the application from government devices, adding that several states adopted the same measure for their public servants.

This was argued on the grounds that the company does not meet the necessary standards regarding the protection of personal data, also claiming that the collected information is shared by ByteDance with officials of the Chinese government. However, this situation is not new; countries such as India have completely banned the use of TikTok for the same reasons.

Finally, on April 24, 2024, President Biden signed a bill authorizing the ban of TikTok in the United States. Despite this, the condition set to avoid the ban is that it be sold to a company that the U.S. government considers not to be controlled by a foreign adversary, within a one-year period.

This decision has generated differing opinions. On one hand are those who support it, arguing a protectionist stance on safeguarding users’ personal data against potential misuse. On the other hand are users whose lives have benefited from the platform, claiming that its prohibition is a clear attack on freedom of expression.

Without a doubt, this has been an extremely controversial decision that demonstrates the power and rivalry between both countries. The outcome of this story will depend on the decisions made by the CEO and owner of ByteDance, Zhang Yiming. Legal principles will be of utmost importance in determining the future that awaits the app on U.S. soil.