Senators reintroduce bipartisan bill that blocks TikTok from exporting data to China

A bipartisan group of senators reintroduced a bill that would block Chinese-owned social media platform TikTok from exporting data to China. 

The Protecting Americans’ Data From Foreign Surveillance Act of 2023, first introduced in 2022, will include several updates, such as directing the Commerce secretary and other agencies to identify categories of personal data that, if exported, could harm U.S. national security. 

The Commerce secretary will also be asked to compile a list of low-risk countries where data can be shared without restrictions and a separate list of high-risk countries where exports of sensitive data will be blocked. The department will also be asked to create a system to issue licenses for data exports to nations not on either list.

The updated bill will also regulate “all exports of personal data by data brokers and firms like TikTok directly to restricted foreign governments, to parent companies in restricted foreign countries, and to persons designated on the Bureau of Industry and Security’s Entity List.” 

Sens. Ron Wyden (D-Ore.) and Cynthia Lummis (R-Wyo.) introduced the bill, which is co-sponsored by six other bipartisan lawmakers. 

“Massive pools of Americans’ sensitive information — everything from where we go, to what we buy and what kind of health care services we receive — are for sale to buyers in China, Russia and nearly anyone with a credit card,” Wyden said in a statement.  “Our bipartisan bill would turn off the tap of data to unfriendly nations, stop TikTok from sending Americans’ personal information to China, and allow nations with strong privacy protections to strengthen their relationships.”

The letter comes as multiple state governments and Congress in recent months have introduced or implemented TikTok bans on government devices, citing national security concerns due to the platform’s Chinese owner, ByteDance. 

Montana Gov. Greg Gianforte (R) signed legislation last month banning TikTok, becoming the first U.S. state to block access to the app due to concerns about data privacy. 

U.S. officials have had a rocky relationship with TikTok, including the Trump administration’s failed attempt to implement a ban on the social media platform in 2020. 

The Biden administration recently demanded ByteDance earlier this year to sell its stakes in the company, warning that the social media platform could risk a potential ban in the U.S.