WASHINGTON — U.S. Senators Amy Klobuchar (D-MN) and John Thune (R-SD) sent a letter to TikTok Chief Executive Officer Shou Zi Chew requesting information about the company’s collection of consumer data, including facial and voice biometrics.
TikTok recently changed its U.S privacy policy to enable its app to automatically store certain physical and behavioral characteristics taken from users’ content. In the letter, the senators asked the company to answer a series of questions about the collection and use of this data, actions it is taking to ensure user data is secure, and its policies and practices regarding sharing data with third parties.
The senators wrote, “We were alarmed by reports highlighting TikTok’s recent change to its U.S. privacy policy, impacting the application’s nearly 130 million users. The updated policy appears to enable TikTok to automatically collect biometric data, including certain physical and behavioral characteristics from video content posted by its users.”
They continued, “The coronavirus pandemic led to an increase in online activity, which has magnified the need to protect consumers’ privacy. This is especially true for children and teenagers, who comprise more than 32 percent of TikTok’s active users and have relied on online applications such as TikTok for entertainment and for interaction with their friends and loved ones.”
In her role as Chairwoman of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights, Klobuchar has championed efforts to protect consumer privacy – especially with regard to enhancing online consumer privacy and cybersecurity.
Last week, Klobuchar and Senators Bill Cassidy (R-LA) and Jon Ossoff (D-GA) sent a letter to Amazon requesting information about the company’s data collection practices involving biometrics.
In June, Klobuchar and Senator Richard Blumenthal (D-CT) sent a letter to Uber and Lyft expressing concern about a new advertising program that may compromise passengers’ privacy in ride-share vehicles.
In February, Klobuchar and Senator Lisa Murkowski (R-AL) introduced the Protecting Personal Health Data Act to protect consumers’ private health data by requiring the Secretary of the U.S. Department of Health and Human Services to promulgate regulations for new health technologies such as health apps, wearable devices, and direct-to-consumer genetic testing kits that are not regulated by existing laws.
Last December, Klobuchar sent a letter to former Health and Human Services Secretary Alex Azar, urging the Trump administration to address privacy concerns surrounding the Amazon Halo, a health tracking bracelet.
In December 2019, Klobuchar joined Senate Commerce, Science, and Transportation Committee Chair Maria Cantwell (D-WA) and fellow Senators Brian Schatz (D-HI) and Ed Markey (D-MA) in unveiling comprehensive federal online privacy legislation to establish digital rules of the road that companies must follow. The Consumer Online Privacy Rights Act (COPRA) gives Americans control over their personal data; prohibits companies from using consumers’ data to harm or deceive them; establishes strict standards for the collection, use, sharing, and protection of consumer data; protects civil rights; and penalizes companies that fail to meet data protection standards.
Full text of the letter can be found HERE and below.
We write to express our serious concerns regarding reports of TikTok’s updated privacy policy which allows for the collection of user data, including facial and voice biometrics. We request more information to ensure consumers’ data privacy is protected.
We were alarmed by reports highlighting TikTok’s recent change to its U.S. privacy policy, impacting the application’s nearly 130 million users. The updated policy appears to enable TikTok to automatically collect biometric data, including certain physical and behavioral characteristics from video content posted by its users. The policy states that TikTok “may collect biometric identifiers and biometric information” from its users’ content, such as “faceprints and voiceprints,” but does not provide any additional information on what constitutes a faceprint or voiceprint. In addition, the policy contains few details on how the data is used and with whom it is shared.
The coronavirus pandemic led to an increase in online activity, which has magnified the need to protect consumers’ privacy. This is especially true for children and teenagers, who comprise more than 32 percent of TikTok’s active users and have relied on online applications such as TikTok for entertainment and for interaction with their friends and loved ones.
Protecting consumers’ privacy is a top priority. Given the seriousness of this issue, we request that you provide answers to the following questions by August 25, 2021:
- What constitutes a “faceprint” and “voiceprint”? Please provide definitions of these terms and describe how this data will be used. Will it be shared with third parties? How long is this data retained?
- Is TikTok collecting this data for users under the age of 18?
- Your privacy policy states that TikTok may collect image and audio information for “content and ad recommendations.” Please provide a description of TikTok’s process for recommending content and advertisements.
- Does TikTok make any inferences about its users based on faceprints and voiceprints? If so, please describe those in detail.
- Does TikTok use machine learning to determine a user’s age, gender, race, ethnicity, or other characteristics observed from faceprints and voiceprints? If so, what steps has TikTok taken to audit the machine learning process for accuracy and bias?
- Please provide a list of all the entities (including parent organizations) that have access to the data collected by TikTok.
We look forward to your prompt responses.
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