Washington

The data privacy concerns of TikTok users and the threat of their personal data being exposed to hacking and espionage by China refuse to die down and will still be relevant even if the Biden administration inks a security agreement that could spare a total US ban for the video platform. 

The continuing threat was detected by former national security officials, lawyers and data security experts as the US justice department reviewed the accord that would keep the popular video-streaming app, owned by China’s ByteDance Ltd., accessible to millions of users in the US, says a Bloomberg report.

TikTok has been under scrutiny since 2019 over concerns that Chinese actors might tap the users’ information for espionage or other harmful purposes.

“They built the whole system in China. Unless they’re going to rebuild the system in the United States at great expense, sooner or later, when something goes wrong, there’s going to turn out to be only one engineer who knows how to fix it. And he or she is likely to be in China,” said Stewart Baker, a national security lawyer at Steptoe & Johnson LLP.

TikTok spokesperson Brooke Oberwetter refused to comment on the the company’s discussions with the US government, but said, “We are confident that we are on a path to fully satisfy all reasonable US national security concerns.”

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She said some China-based employees would have access to public data posted by users, but they would not have access to private information, reported Bloomberg. “Their use of the public data would be very limited and accessed under the supervision of the oversight board set up by the US government,” she added.

TikTok is routing all its US user traffic through servers maintained by Oracle Corp. and the database giant is auditing the app’s algorithms. However, additional restrictions on how data of US users is stored and accessed will be necessary, and might not resolve security concerns no matter how strong a deal looks on paper, said experts.

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Virginia Democrat Senator Mark Warner, who chairs the Senate Intelligence Committee, couldn’t give details but said TikTok has “a big mountain to climb with me to prove the case that it can really be safe.”

“China has a poor track record on protecting the privacy of users. They’ve shown repeatedly the ability to create this surveillance state that ought to scare the dickens out of all of us,” Warner said.

ALSO READ | 300 TikTok, ByteDance employees worked for China's propaganda machinery: Report

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It’s much harder today to wall off TikTok’s data technically or ban it outright than it was five or six years ago as the popularity of the app has surged, the senator added.

The video-streaming app, which has about 1 billion users but is banned in China, has been under scrutiny since 2019, when the Committee on Foreign Investment in the US started reviewing a merger between ByteDance and Musical.ly.

The Biden administration re-opened a national security review of TikTok after former President Donald Trump stopped short of banning the app after ByteDance sought US approval to sell a stake in it to Oracle and Walmart Inc., but the deal didn’t work out.

Nova Daly, a public policy expert, said it’s better to have the foreign company retain ownership of the US company in some instances because it allows for more robust scrutiny of that data but pointed out that it will still be hard to secure the data against theft or use for nefarious purposes.

Lawmakers pressed TikTok Chief Operating Officer Vanessa Pappas during a Senate hearing about whether the company would seal off Chinese access to all US data. Pappas said the company has strict controls over access to data and where it’s stored, and wouldn’t give it to the Chinese government.

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