TikTok U.S. policy is to notify U.S. users of data production, with exceptions
TikTok U.S.'s stated policy is to tell U.S. TikTok users when it produces their data to law enforcement under legal process. It does not do so where the law prohibits notice, or where it decides, in its sole discretion, that exceptional circumstances apply, for example in child exploitation cases or when notice could otherwise put individuals at risk of harm. Requests are asked to say whether user notification is permitted.
Supporting quotations
Our policy is to notify U.S. TikTok users of our production of user data to law enforcement pursuant to legal process, unless prohibited by law or where we determine in our sole discretion that exceptional circumstances apply, including, for example, in child exploitation cases or when such notice could otherwise put individuals at risk of harm.
User notification: Please indicate whether user notification is permitted (see Section 4 below).
Qualifications & exceptions
The exceptions are notice prohibited by law, and exceptional circumstances that TikTok U.S. decides in its sole discretion; child exploitation cases and risk of harm are given as examples ("including, for example").
The policy covers notice of production of user data pursuant to legal process; other sections say that, as a general practice, users are not notified of preservation or emergency requests.
Not stated here
The document does not say when or how a user is notified, or how long after production.
Cross-references
contrast (model-proposed): General practice is not to notify users of preservation requests — contrast: The Guidelines say TikTok U.S.'s policy is to notify U.S. users when it produces their data under legal process, while the preservation section says its general practice is not to notify users of preservation requests. The two cover different steps (production versus preservation), and the document does not reconcile them.
contrast (model-proposed): General practice is not to notify users of emergency requests — contrast: The notification policy for data production under legal process points one way, and the emergency section's general practice of not notifying users of emergency requests points the other. The document does not say whether a user is told after emergency data is produced.
Sharing & Disclosure · Restriction or exception
No notice where the law prohibits it; agencies should provide a court order
TikTok U.S. says it will not notify users when the law prohibits notice, including when it receives a court order against notification. A law enforcement agency that thinks notice would jeopardize an investigation or have other adverse results is told to provide a court order or other binding legal process that prohibits notification.
Supporting quotations
We will not provide user notification when it is prohibited by law, including when we receive a court order prohibiting user notification.
Law enforcement agencies that believe user notification would jeopardize an investigation or have other adverse results should provide a court order or other binding legal process prohibiting notification.
Qualifications & exceptions
An agency's belief that notice would harm an investigation is not stated to be enough by itself; the document asks for a court order or other binding legal process.
Not stated here
The document does not say whether TikTok U.S. delays notice while it reviews a non-disclosure request.
Delayed notice may be given once a non-disclosure order or restriction expires
If a legal non-disclosure order or statutory restriction on notice ends, TikTok may give the affected user delayed notice after the prohibition has expired, consistent with applicable law and platform policy.
Supporting quotations
Where a legal non-disclosure order or statutory restriction expires, TikTok may provide delayed notice to the affected user following the expiration of the legal prohibition, consistent with applicable law and platform policy.
Qualifications & exceptions
The wording is "may provide", not a commitment to give delayed notice.
Delayed notice must be consistent with applicable law and platform policy.
Not stated here
The document does not say how soon after expiry, or in what form, delayed notice would be given.
General practice is not to notify users of preservation requests
TikTok U.S. says its general practice is not to tell users about preservation requests, subject to applicable law and policy. This sits alongside the policy of notifying users when data is produced under legal process.
Supporting quotations
It is our general practice not to notify users of preservation requests, subject to applicable law and policy.
Qualifications & exceptions
This is described as a "general practice", subject to applicable law and policy, not an absolute rule.
Not stated here
The document does not say whether a user is told later if preserved data is produced.
Sharing & Disclosure · Company practice
Emergency requests: TikTok U.S. may disclose data it judges necessary to prevent imminent harm
TikTok U.S. says it has processes for emergency requests and evaluates each one case by case. If the information it receives is, in its assessment, enough to establish a good-faith belief that there is an emergency involving imminent harm or the risk of death or serious physical injury to a person, it may provide the user data necessary to prevent that harm, as permitted by applicable law. The FAQ repeats this as one of the cases where TikTok U.S. may disclose data without a formal legal request.
Supporting quotations
TikTok U.S. has processes in place to handle emergency requests.
Such requests are evaluated on a case-by-case basis: if as part of an emergency request we receive information that is sufficient in our assessment to establish a good faith belief that there is an emergency involving imminent harm or the risk of death or serious physical injury to a person, we may provide user data necessary to prevent that harm, as permitted by applicable law.
Emergency circumstances: As explained in Section 5 of the Law Enforcement Guidelines, where satisfied there is an emergency involving imminent harm or risk of death or serious physical injury to a person, we may provide user data necessary to prevent that harm, as permitted by applicable law.
Qualifications & exceptions
The standard is TikTok U.S.'s own assessment of a good-faith belief of imminent harm, risk of death or serious physical injury.
Only the user data "necessary to prevent that harm" may be provided, and only "as permitted by applicable law"; the wording is "may".
Not stated here
The FAQ says emergency disclosure is "explained in Section 5", but in this document Section 5 is Preservation Requests and emergency requests are Section 6; the document does not explain the mismatch, and this card follows the Section 6 text.
The document does not say which data types may be provided in an emergency.
Sharing & Disclosure · Company practice
General practice is not to notify users of emergency requests
TikTok U.S. says its general practice is not to tell users about emergency requests, subject to applicable law and policy.
Supporting quotations
It is our general practice not to notify users of emergency requests, subject to applicable law and policy.
Qualifications & exceptions
This is a "general practice", subject to applicable law and policy.
Not stated here
The document does not say whether a user is told later after an emergency disclosure.
Sharing & Disclosure · Company practice
FAQ: in an emergency TikTok U.S. may disclose data without a formal legal request
The FAQ says TikTok U.S. may disclose user data without receiving a formal legal request based on valid legal process. The first case it gives is emergency circumstances: where it is satisfied there is an emergency involving imminent harm or risk of death or serious physical injury to a person, it may provide the user data necessary to prevent that harm, as permitted by applicable law.
Supporting quotations
Does TikTok U.S ever disclose user data outside of formal legal requests?
TikTok U.S may disclose user data without receiving a formal legal request (based on valid legal process) in the following cases:
Emergency circumstances: As explained in Section 5 of the Law Enforcement Guidelines, where satisfied there is an emergency involving imminent harm or risk of death or serious physical injury to a person, we may provide user data necessary to prevent that harm, as permitted by applicable law.
Qualifications & exceptions
The wording is "may disclose", and only data "necessary to prevent that harm" as permitted by applicable law.
The FAQ cites "Section 5" for this explanation; in this document Section 5 is Preservation Requests and emergency requests are in Section 6.
Not stated here
The mismatch between the "Section 5" pointer and the Section 6 emergency text is not explained in the document; Section 6, not Section 5, describes the emergency process.
The FAQ does not say what "formal legal request" the disclosure is exempt from beyond "based on valid legal process".
Cross-references
narrows (model-proposed): Requests must name the data type and legal basis; content data generally needs a court order — exception_to: The Guidelines say a request that does not meet the applicable legal requirements will not lead to disclosure, while the FAQ says TikTok U.S. may disclose user data in emergency circumstances without a formal legal request. The FAQ case is an exception to the legal-requirements rule, limited to data necessary to prevent the harm and to what applicable law permits.
related (model-proposed): Emergency requests: TikTok U.S. may disclose data it judges necessary to prevent imminent harm — references: The FAQ refers to the emergency explanation in the Guidelines but names Section 5; the matching text in this document is Section 6, Emergency requests (Section 5 is Preservation Requests). The relation records the evident target, with the mismatch noted in both cards.
Sharing & Disclosure · Company practice
FAQ: TikTok U.S. reports certain user data to authorities where it has legal obligations
The FAQ lists a second case where TikTok U.S. may disclose user data without a formal legal request: proactive reporting. In limited circumstances, including where TikTok U.S. is subject to legal obligations, it reports certain user data to law enforcement or to designated bodies. Examples given are reporting suspected child exploitation to the U.S. National Center for Missing and Exploited Children (NCMEC) for child safeguarding, and reporting suspicious financial transactions to the relevant authorities.
Supporting quotations
TikTok U.S may disclose user data without receiving a formal legal request (based on valid legal process) in the following cases:
Proactive reporting obligations: In limited circumstances, including where TikTok U.S is subject to legal obligations, TikTok U.S reports certain user data either to law enforcement authorities or to designated bodies.
Examples include reporting suspected child exploitation to the U.S. National Center for Missing and Exploited Children (“NCMEC”) for child safeguarding purposes and reporting suspicious financial transactions to relevant authorities.
Qualifications & exceptions
The reporting happens "in limited circumstances"; the legal-obligation case is introduced with "including", so the circumstances are not limited to legal obligations.
The examples are examples ("Examples include"), not a full list.
Not stated here
"Certain user data" is not specified, and the "designated bodies" other than NCMEC are not named.
Sharing & Disclosure · Context
FAQ: examples of what may count as an emergency
The FAQ says every emergency disclosure request is assessed case by case by the law enforcement response team on its own circumstances. It gives examples that may constitute an emergency: child safety and exploitation; missing persons; suicide and self-injury scenarios; imminent threats of violence, including terrorism; and natural or man-made disasters such as fires, floods and earthquakes.
Supporting quotations
What types of scenarios would constitute an emergency?
All emergency disclosure requests undergo a case-by-case assessment and each request will be evaluated by our law enforcement response team based on its particular circumstances.
However, the following are some examples that may constitute an emergency:
Cases of child safety and exploitation;
Missing persons;
Suicide and self-injury scenarios;
Imminent threats of violence (including terrorism); or
Natural or man-made disaster situations (such as fires, floods, earthquakes, etc).
Qualifications & exceptions
The examples "may" constitute an emergency; none is stated to qualify automatically.
The assessment is made on each request's particular circumstances.
Not stated here
The FAQ does not say what evidence is needed to treat a scenario as an emergency.