Apple Must Face Reduced Claims In Device Privacy Case

A US federal judge has ruled Apple must face a privacy lawsuit over its collection of diagnostic data from iPhone, iPad and Apple Watch users through its own apps such as the App Store, Apple Music and Apple TV, after throwing out many of the suit’s claims.

US District Judge Edward Davila in San Jose, California dismissed most of the plaintiffs’ claims based on the “Allow Apps to Request to Track” setting on Apple devices, while allowing some claims to go ahead based on the “Share [Device] Analytics” setting.

Device users argue the company violated their user agreements and privacy and consumer protection laws by collecting their data even when the relevant settings were disabled.

The users are seeking unspecified damages.

Data collection

In his decision Davila said the firm had made it clear that the “Allow Apps to Request to Track” setting applied only to “other companies’ apps and websites” and that as such it was “implausible” for people to believe they were also withdrawing consent for Apple to collect data through its own apps.

Davila said allegations based on the “Share [Device] Analytics” setting were more plausible, since Apple told users they could “disable the sharing of Device Analytics altogether”.

Apple has said it collects data from devices to improve its services.

The case is one of several seeking to prevent large tech companies such as Google and Facebook parent Meta from collecting data without consent.

Apple has touted its privacy controls as part of its corporate image, and has filed a number of lawsuits that it says were intended to prevent outside organisations from obtaining the data of its users.

Last year the company criticised the then-upcoming Online Safety Act, which it said presented an “unprecedented threat to the privacy, safety and security” of UK citizens and those they communicate with around the world.

Legal challenges

Apple’s complaints focused on provisions it said could enable communications regulator Ofcom to order platforms to use accredited technology to scan the contents of messages.

Apple has faced a number of legal cases on issues unrelated to privacy, agreeing, for instance, in 2020 to make payments to consumers over claims it deliberately throttled the speed of older iPhones.

US users began receiving payments under that settlement in January.

In March Norfolk County Council won a $490 million (£366m) payout from Apple in a class-action lawsuit that claimed the firm had covered up weak demand for iPhones in China.

Like other large tech companies, Apple is also facing cases from regulators accusing it of monopolistic practices.