TikTok
confirmed to Congress that it stores some data from Americans in China, contradicting prior statements made by the company’s leadership under oath.

The company confirmed in a letter sent to
Congress
last Friday that its parent company, ByteDance, stored the private financial information of the company’s leading creators in
China
, as revealed by prior investigations. The statement appears contrary to TikTok’s previous claims that such personal information was stored in the United States or Singapore.

TikTok defended making the prior statements by differentiating between data protected by U.S. law and “creator data.”

NOBODY HAD A BETTER NIGHT THAN GLENN YOUNGKIN

“We stand by the statements made by our company executives to Congress,” TikTok told Sens. Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN) in a letter acquired by
Forbes
. “We were asked about, and our testimony focused on, the protected user data collected in the app — not creator data.” The letter responded to requests for information by the two senators on its data collection practices.

Protected data refers to data identified by the U.S. government to require “additional protection,” although there are some data sets that offer “limited exceptions.” These exceptions were determined amid the app’s negotiations with the Committee on Foreign Investment in the United States. This interagency entity reviews business dealings with foreign entities for national security concerns. TikTok has been negotiating with CFIUS for several years on terms to allow it to continue operating in the U.S.

The limited exceptions CFIUS approved for TikTok include “public data, business metrics, interoperability data, and certain creator data” and “if a creator voluntarily signs up for a commercial program to be supported by TikTok in reaching new audiences and monetizing content.”

Blackburn and Blumenthal said they were unconvinced that this data sharing was acceptable. “TikTok executives appear to have repeatedly and intentionally misled Congress when answering how the company secures and protects the data of Americans,” the senators said in a joint statement. “TikTok’s response makes it crystal clear that Americans’ data is still exposed to Beijing’s draconian and pervasive spying regimes — despite the claims of TikTok’s misleading public relations campaign.”

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TikTok faces threats from Congress, as well as the administration, over fears that it misuses data and is controlled by the Chinese Communist Party. Sens. John Thune (R-SD) and Mark Warner (D-VA) introduced the
RESTRICT Act
, which would give the
Commerce Department
additional powers to regulate tech business deals related to nations of concern, such as China or Iran. Sens.
Marco Rubio
(R-FL) and Josh Hawley (R-MO) have
proposed
outright bans on TikTok. Sen. Tim Scott (R-SC)
introduced legislation
forcing apps such as TikTok to show users their country of origin.

The White House has
demanded
that TikTok’s parent company sell its shares in the company or face a national ban.