Bipartisan coalition proposes bill to shield Americans’ TikTok data from China

Protecting Americans’ TikTok data from China’s prying eyes is a bipartisan concern requiring new law, according to a group of federal lawmakers. 

Six senators and two representatives are proposing legislation to thwart foreign adversaries from exploiting U.S. data, and have the popular mobile app in mind. 

The Protecting Americans’ Data from Foreign Surveillance Act of 2023 emerged from unlikely allies such as Sen. Ron Wyden, Oregon Democrat, and Sen. Marco Rubio, Florida Republican. 



“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,” Mr. Wyden said in a statement. 

Mr. Rubio said preventing millions of Americans’ sensitive info from falling into the hands of adversaries is a commonsense idea and people must not trust private companies to protect their data, especially given many businesses work overseas in China. 

Sen. Cynthia Lummis, Wyoming Republican, also took a lead role in co-sponsoring the legislation alongside Sens. Bill Haggerty, Tennessee Republican; Martin Heinrich, New Mexico Democrat; and Sheldon Whitehouse, Rhode Island Democrat. 

The lawmakers’ proposal directs the Commerce Department to identify categories of sensitive personal data, then create a list of high-risk and low-risk countries to differentiate where restrictions on the export of data are needed, according to Mr. Wyden’s office. The bill would create a licensure system for exporting data to nations not on either list. 

Reps. Warren Davidson, Ohio Republican, and Anna Eshoo, California Democrat, are introducing companion legislation in the House. Mr. Davidson said he viewed the legislation as necessary because “freedom surrendered is rarely reclaimed.”

“This bipartisan legislation represents progress on the effort to protect privacy by banning the export of sensitive personal data,” Mr. Davidson said in a statement. “Our data has been sold, hacked, stolen and exploited by foreign entities — Congress is fighting back.”

A previous version of the bill introduced in the Senate last year did not become law.

TikTok spokeswoman Brooke Oberwetter said her platform’s own plan will protect Americans’ data and is already in progress.

“We are well underway in cutting off access to protected U.S. user data to any employee — wherever they are — outside TikTok U.S. Data Security, our U.S.-based subsidiary tasked with protecting U.S. national security interests,” Ms. Oberwetter said in a statement.