US concerns about China’s data security should be addressed, but not with a TikTok ban
- US lawmakers pushing for a ban should first clear up misunderstanding about the relevant Chinese laws and policy
- Beijing’s Global Initiative on Data Security, in particular, clearly states respect for how other countries handle data, and could be the framework for work to bolster confidence in China’s data handling
Members of Congress largely remained sceptical, particularly regarding the last statement.
This is not surprising given the current climate of distrust between the US and China. Sceptics point to Chinese laws that state “all organisations and citizens shall support, assist, and cooperate with national intelligence efforts in accordance with law” and interpret it as ByteDance being legally obliged to turn over TikTok data upon request.
Four points should be considered. First, the Chinese government has repeatedly stated that its laws do not permit the acquisition of foreign data in this manner. In March 2019, then premier Li Keqiang said during a press conference that asking Chinese companies to “spy” on other countries is “not consistent with Chinese law”.
A plain reading means that, in the case of TikTok, China will not request TikTok data be stored in China. China’s position is that it respects the sovereignty, jurisdiction and governance of US data and will not obtain TikTok data located in the US through ByteDance, TikTok, their employees or anyone else without US permission.
There is a constructive way to navigate this minefield. Washington could signal to Beijing, through backchannels if necessary, its intention to resolve the matter based on pragmatism.
In turn, China could incorporate the Global Initiative on Data Security into domestic laws and regulations, amending or officially interpreting laws accordingly. Neither side wishes to appear “weak” domestically, but both have interests in finding a compromise.
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TikTok reports a base of 150 million users in the US. A ban or blocking of further downloads would be extreme and potentially politically fraught for US President Joe Biden. As Representative Alexandria Ocasio-Cortez said, it is “putting the cart before the horse”.
An evidence-based approach does not justify a ban. For China, after almost three years of promoting the Global Initiative on Data Security internationally, proactively implementing key aspects of it domestically is not about appeasing the US but a logical step to further strengthen its global appeal and serve Chinese interests.
With data ubiquitous in Chinese technology and products, legislation alleviating potential concerns will be welcomed worldwide. Pragmatism from both sides regarding TikTok could also serve as a starting point for rebuilding trust and signalling that they can handle complex issues.
Wang Huiyao is the founder of the Centre for China and Globalisation, a Beijing-based non-governmental think tank