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Debate Over Banning TikTok in Oregon
Chinese government may have access to private data from the App

Representative Ben Bowman (D-Tigard) is chief sponsor of HB 3127, which has been the topic of discussion this week in the Legislature. It would ban the Chinese owned popular App, TikTok, from being installed on government phones, tablets and other devices. The debate is over the Chinese government having access to private data from the App.

House Bill 3127 prohibits the installation and requires removal of software, hardware or services from specific vendors on state information technology assets, including such programs as TikTok and WeChat. The measure does include an exception for state agencies that use the products for carrying out law enforcement activities and requires these agencies adopt risk mitigation standards and procedures.

Bowman has proposed an amendment to replace Alibaba Group Holding Limited (formerly Yahoo! Inc,) with Ant Group Co. Limited, an affiliate of the Chinese conglomerate Alibaba Group. Ant Group owns the world’s largest mobile (digital) payment platform Alipay and claims to be privately owned. Alibaba Group is their biggest shareholder. The Amendment also exempts the Secretary of State and State Treasurer.

Kate Denison, Deputy Legislative Director for the Oregon Department of Justice, testified, “Data privacy and security are key issues for DOJ and General Ellen Rosenblum. Rapid changes in technology and information sharing have raised new challenges for businesses and governments alike. The sheer amount of information produced, collected and stored about Oregonians is expanding rapidly, and the data collected is more sensitive than ever. Health trackers, online banking, home security systems and even our cars are presenting new privacy and security challenges. Today’s security vulnerabilities are evidenced by the growing number of data breach incidents reported to DOJ: since 2015, approximately 830 data security breaches were reported to our Consumer Protection Section.”

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Leadership at the Federal Bureau of Investigation and the Federal Communications Commission have voiced concerns about the safety and security of TikTok regarding user data collection and data sharing. TikTok is an online hosting service for short-form videos and is owned by ByteDance Ltd., an internet technology company located in Beijing, China.

The federal Consolidated Appropriations Act of 2023 (P.L. 117-328), incorporated S. 1143, also known as the “No TikTok on Government Devices Act” which directed the Office of Management and Budget (OMB) and national security agencies to develop standards and guidelines to remove the video hosting platform TikTok from federal information technology giving them 30 days to comply. Currently, 27 states have enacted legislation or administrative orders to block the use of TikTok on state technology devices.

Denison also stated, “While the Department of Justice and other state agencies already have strong security measures in place to ensure that data on our networks is secure, HB 3127 is yet another step the State of Oregon can take to prevent unauthorized access and ensure that state information and infrastructure are protected.” She may have forgot that AG Rosenblum said under oath that Oregon’s voting machines are hackable.

In June of 2022, a member of the Federal Communications Commission sent a letter to Apple and Google referencing a litany of controversies that TikTok found itself in over the years, including skirting Android safeguards to track users online, accessing iOS clipboard information, and settling a class-action lawsuit for $92 million over allegations that it captured biometric and personal data from users in the U.S. without prior consent.

On the individual side, this session has two privacy related bills that are working their way through the legislative process. HB 2052 passed from the House Committee to Ways and Means that requires data brokers to register and identify their service. SB 619 will provide Oregonians with comprehensive consumer privacy rights over how companies control and process their personal data. It has a scheduled work session for March 28.

These bills are intended to make Oregonians feel their personal information is more secure, at least it's a step in the right direction.


--Donna Bleiler

Post Date: 2023-03-19 19:33:16Last Update: 2023-03-18 01:55:25



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