Apple

Apple face narrowed privacy lawsuit over its apps – Lawyer Monthly Magazine


A federal judge has narrowed a lawsuit that alleges Apple infringed upon the privacy of users of iPhones, iPads, and Apple Watches by gathering their personal information through its proprietary applications, including the App Store, Apple Music, and Apple TV.

U.S. District Judge Edward Davila, located in San Jose, California, dismissed the majority of claims related to the “Allow Apps to Request to Track” feature on Apple mobile devices; however, he permitted certain claims to advance concerning the “Share [Device] Analytics” option.

Mobile device users have alleged that Apple breached their user agreements and various privacy and consumer protection statutes by claiming that turning off certain settings would restrict the collection, storage, and utilization of their data. However, the company reportedly disregarded these preferences and continued to gather, store, and use that information.

The lawsuit, which seeks unspecified damages, is among numerous claims against technology firms, including Apple, Alphabet’s Google, and Meta Platforms’ Facebook, for permitting the collection of user data without obtaining proper consent.

In a 39-page decision late Thursday, Davila said Apple made clear to users that the “Allow Apps to Request to Track” setting applied to “other companies’ apps and websites.”

He said that made it “implausible” for reasonable people to believe that by turning the setting off, they were withdrawing consent for Apple to collect their data through its own apps.

But the judge said users plausibly alleged they withdrew such consent by disabling the “Share [Device] Analytics” setting, citing Apple’s disclosure that users may “disable the sharing of Device Analytics altogether.”

The company located in Cupertino, California, has stated that it gathers data via that setting to enhance its products and services.



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