Wang Huiyao

Opinion | US concerns about China’s data security should be addressed, but not with a TikTok ban

US lawmakers pushing for a ban should first clear up misunderstanding about the relevant Chinese laws and policy

Beijing’s Global Initiative on Data Security, in particular, clearly states respect for how other countries handle data, and could be the framework for work to bolster confidence in China’s data handling

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Why you can trust SCMP

Wang Huiyao

Published: 1:00am, 4 Apr 2023

At the heart of the intense scrutiny surrounding TikTok in the United States is the question of whether the Chinese government could access US data through TikTok or its Chinese parent company, ByteDance. Amid the numerous reports and analyses following the House hearing on TikTok, one key Chinese initiative has been absent from the US debate, yet it could prove to be crucial.

While concerns about US TikTok data potentially falling into Chinese government hands are not unfounded, the evidence is lacking. A 2021 Citizen Lab report said there was no overt data transmission to the Chinese government by TikTok, although it could not determine what happens after data enters TikTok servers.

TikTok CEO Chew Shou Zi testified before a Congressional panel that “TikTok has never shared, or received a request to share, US user data with the Chinese government. Nor would TikTok honour such a request if one were ever made”.

Members of Congress largely remained sceptical, particularly regarding the last statement.

This is not surprising given the current climate of distrust between the US and China. Sceptics point to Chinese laws that state “all organisations and citizens shall support, assist, and cooperate with national intelligence efforts in accordance with law” and interpret it as ByteDance being legally obliged to turn over TikTok data upon request.

Four points should be considered. First, the Chinese government has repeatedly stated that its laws do not permit the acquisition of foreign data in this manner. In March 2019, then premier Li Keqiang said during a press conference that asking Chinese companies to “spy” on other countries is “not consistent with Chinese law”.