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Apple Faces Reduced Privacy Lawsuit Over Data Collection Practices

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Sep 28, 2024

A federal judge has narrowed a lawsuit against Apple, which alleges the company violated the privacy of users on its devices, including iPhones, iPads, and Apple Watches. The lawsuit claims that Apple improperly collects personal data through its proprietary apps like the App Store, Apple Music, and Apple TV.

U.S. District Judge Edward Davila, based in San Jose, California, dismissed most claims related to the “Allow Apps to Request to Track” setting. However, he permitted some allegations to proceed concerning the “Share [Device] Analytics” setting.

Plaintiffs argue that Apple breached user agreements and various privacy laws by stating that disabling these settings would limit data collection, only to disregard users’ choices and continue gathering their information.

In a 39-page ruling issued Thursday, Judge Davila clarified that Apple had informed users that the “Allow Apps to Request to Track” setting pertains to third-party apps and websites. He noted that it would be “implausible” for reasonable individuals to think that turning off this setting would revoke consent for data collection through Apple’s own applications.

Conversely, the judge acknowledged that users could reasonably claim they withdrew consent by disabling the “Share [Device] Analytics” setting, referencing Apple’s own guidance that users could “disable the sharing of Device Analytics altogether.”

Apple has stated that it collects data via this setting to enhance its products and services.

Representatives for the plaintiffs and Apple have not yet commented on the ruling. The case is known as In re Apple Data Privacy Litigation, U.S. District Court, Northern District of California, No. 22-07069.

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