Does the Chinese Government Own TikTok and What Does it Mean

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Close-Up Shot of a TikTok App on a Phone
Credit: pexels.com, Close-Up Shot of a TikTok App on a Phone

The Chinese government's involvement with TikTok has sparked concerns about data security and government control.

TikTok is owned by ByteDance, a Chinese technology company founded in 2012 by Zhang Yiming.

ByteDance acquired Musical.ly, a social media app popular among teenagers, in 2016 and merged it with TikTok in 2018.

The Chinese government has a significant stake in ByteDance through its subsidiaries, with Beijing-based Kunlun Tech and General Atlantic holding a combined 40% stake in the company.

TikTok's Independence Claim

TikTok has repeatedly claimed that it is an independent company, not owned or controlled by the Chinese government.

The company is headquartered in Singapore, which is a key point in its argument for independence.

TikTok's parent company, ByteDance, is a Chinese technology company that owns several other popular apps, including Douyin, which is the Chinese version of TikTok.

ByteDance has a complex ownership structure, with multiple investors and shareholders, including Chinese state-owned companies.

TikTok's CEO, Shou Zi Chew, has stated that the company is committed to protecting user data and adhering to global data protection standards.

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However, some experts have raised concerns about the company's ties to the Chinese government, citing the fact that ByteDance has received funding from Chinese state-owned companies.

TikTok has also faced scrutiny over its data collection practices, which have raised concerns about the potential for the Chinese government to access user data.

ByteDance has denied any allegations of wrongdoing, stating that it adheres to all applicable laws and regulations.

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Data Transfer and Security Concerns

TikTok's data collection practices appear relatively normal, but there's a reasonable concern that users' data is transferred to or accessible in China.

The Irish Data Protection Commission is investigating whether TikTok transfers personal data to China, raising further concerns about data security.

In July 2022, Australian cybersecurity firm Internet 2.0 found that a version of the app contacted servers in Baishan, China, which could be a sign of data transfer.

ByteDance, TikTok's owner, is based in Beijing but registered in the Cayman Islands, and its headquarters is in Beijing's northwestern Haidian district, home to key universities and a hub for tech startups.

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Western governments worry that Chinese authorities could force ByteDance to hand over TikTok data on American users, exposing sensitive information.

The U.S. House of Representatives passed a bill that would give ByteDance 180 days to divest its U.S. assets or face a ban over concerns about national security, including Beijing's ability to access Americans' private information through the company.

ByteDance denies it would provide such private data to the Chinese government, despite reports indicating such information could be at risk.

China's government has never and will not ask companies to "collect or provide data, information or intelligence" held in foreign countries, according to Foreign Ministry spokeswoman Mao Ning.

TikTok's Relationship with China

TikTok's parent company ByteDance is based in Beijing, but registered in the Cayman Islands, a common practice for privately owned Chinese companies.

ByteDance is valued at around $220 billion, but its valuation has plunged since the Chinese government tightened control over the industry.

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The Chinese government has a "golden share" in TikTok's Chinese sister company Douyin, which provides the government with open insider access to corporate decision-making and influence through board seats and veto rights.

TikTok maintains that the "golden share" is a condition of Douyin's license to operate in China and that the Chinese government does not have any influence over ByteDance's board.

However, a March 2023 report submitted to the Australian Parliament disagrees, stating that the Chinese Communist Party exercises so much control over ByteDance that the company "can no longer be accurately described as a private enterprise".

The Chinese government's National Security Law contains broad provisions that allow it to require citizens and organizations to "support, assist, and cooperate with national intelligence efforts in accordance with law".

UN researchers have accused the Chinese government of using national security law to target human rights defenders and bypass due process.

TikTok has dual headquarters in Singapore and Los Angeles, but its data practices have raised concerns that user data is transferred to or accessible in China.

The Irish Data Protection Commission is investigating whether TikTok transfers personal data to China, while an Australian cybersecurity firm found that a version of the app contacted servers in Baishan, China.

Government and Regulatory Views

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The Chinese government's influence on TikTok is a major concern, and it's not just about data collection. TikTok plans to relocate US users' data, but it's unclear if this will completely shield it from Chinese law.

Human Rights Watch suggests that China's tendency to "forcibly 'disappear' business executives" poses a significant threat to TikTok's independence. This is a serious issue that raises questions about the company's ability to operate freely.

TikTok's corporate structure will undergo reforms, but it remains to be seen if this will be enough to protect it from the Chinese Communist Party's influence. The company's efforts to address concerns about data collection and storage are a step in the right direction.

ByteDance and the Communist Party

ByteDance, the parent company of TikTok, has been accused of having ties to the Chinese Communist Party. ByteDance's founder is not a member of the Communist Party, but the company's employees and executives' political affiliations are not publicly disclosed.

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Close-up of a hand holding a smartphone displaying the TikTok logo in a public indoor setting.
Credit: pexels.com, Close-up of a hand holding a smartphone displaying the TikTok logo in a public indoor setting.

The Chinese government has a "golden share" in ByteDance, which allows it to control one board seat. This is a common practice in China, where official investment funds hold a small stake in companies to gain more oversight.

ByteDance has denied that the Communist Party has any influence over the company's board, but a report submitted to the Australian Parliament suggests otherwise. The report claims that the CCP exercises so much control over ByteDance that it can no longer be accurately described as a private enterprise.

Chinese Rules Concerning Western Governments

China's 2017 National Intelligence Law states that “any organization” must assist or cooperate with state intelligence work.

This means that if Chinese authorities ask ByteDance, the parent company of TikTok, to turn over data, it would likely have to comply.

The 2014 Counter-Espionage Law says “relevant organizations ... may not refuse” to collect evidence for an investigation.

This leaves Western governments worried that Chinese authorities could force ByteDance to hand over sensitive information about American users.

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Laws and regulations are only one aspect of the Communist Party’s pervasive control, with no legal limits on the party’s powers.

The authorities can also threaten to cancel licenses, conduct regulatory or tax investigations, and use other penalties to compel compliance by Chinese and foreign companies operating in China.

This raises concerns that Western governments may not be able to trust Chinese companies like ByteDance to keep their data private.

Does the Communist Party influence ByteDance?

The Communist Party's influence on ByteDance is a topic of much debate.

ByteDance's founder, Zhang Yiming, is not a member of the Communist Party. However, it's unclear about the political affiliation of ByteDance's employees.

ByteDance has a Chinese subsidiary that holds licenses for some of its video and information platforms, which only serve the China market. This raises questions about the extent of the Communist Party's control over ByteDance.

Chew, the head of TikTok, said that the Communist Party doesn't have voting rights in ByteDance. However, a report submitted to the Australian Parliament disagrees, stating that the Communist Party exercises so much control over ByteDance that it's no longer a private enterprise.

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ByteDance's main Chinese subsidiary has a "golden share" that gives the Communist Party a 1% stake in the company. This allows the Communist Party to have influence over corporate decision-making and access to sensitive information.

The Chinese government has laws that require organizations to assist or cooperate with state intelligence work. ByteDance, as a Chinese company, would likely have to abide by these rules if Chinese authorities asked it to turn over data.

The Chinese government has also been known to use "window guidance" or informal communication to convey orders to companies. This has been used to tighten control over technology companies and force them to align with the Communist Party's goals.

Elaine Block

Junior Assigning Editor

Elaine Block is a seasoned Assigning Editor with a keen eye for detail and a passion for storytelling. With a background in technology and a knack for understanding complex topics, she has successfully guided numerous articles to publication across various categories. Elaine's expertise spans a wide range of subjects, from cutting-edge tech solutions like Nextcloud Configuration to in-depth explorations of emerging trends and innovative ideas.

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