Fact Check: Does TikTok’s new terms of service allow it to track immigration status?

CULVER CITY, CALIFORNIA: A rumor has been circulating on social media that TikTok’s updated terms of service now allow the app to collect highly sensitive personal information about its users, including gender identity and immigration status. The rumors come amid the massive protest against the Trump administration’s immigration polices. Let us fact-check the claim.

Claim: TikTok collects sensitive data such as immigration status

After TikTok in the US underwent new ownership this month, a rumor spread that its new terms of service said the application would collect some of its users' most sensitive information, including immigration status, gender identity, sexual orientation, religious beliefs, mental health diagnosis, and more. 

The post surfaced on various social media platforms such as Facebook, Reddit, Instagram, Bluesky, and X. 

According to an X user, TikTok now belonged to 'Trump's oligarchs,' suggesting they would start to track this information on behalf of the administration of President Donald Trump.

Fact Check: False, new rules don't mention immigration status

TikTok states it might collect and process sensitive personal information that users choose to share, including details about age, race or ethnicity, religion, health, sexual orientation or gender identity, citizenship or immigration status, financial data, and precise location. 

The company explains that this data may be used to provide services, verify identity, or meet legal requirements. It also mentions that this information is managed according to relevant privacy laws, including California’s consumer privacy rules.

TikTok introduced a new US privacy policy that takes effect on January 22, 2026. Users must accept this policy to continue using the app. 

The policy confirms that the above-mentioned details on sensitive personal data are included.

However, TikTok started collecting this information before 2026, as similar statements were in its 2024 policy. A major change in the updated terms is that TikTok now clearly states it may collect users' precise location data based on their settings.

This means the app can track exact locations unless users decide to opt out.

The new TOS also makes it clear the app will abide by state privacy laws, including the California Consumer Privacy Act, whereas before it only referred to 'applicable state privacy laws.'

However, it doesn't mention anything specific about collecting immigration status.