Apple Privacy Lawsuit Narrowed

By Jonathan Stempel

A federal judge has narrowed a lawsuit against Apple regarding privacy violations linked to personal data collection from iPhone, iPad, and Apple Watch users through proprietary apps.

U.S. District Judge Edward Davila, based in San Jose, California, dismissed most claims associated with the “Allow Apps to Request to Track” setting but allowed some claims concerning the “Share [Device] Analytics” setting to move forward.

Users of the mobile devices allege Apple breached user agreements and various privacy and consumer protection laws. They contend Apple misled users into believing that turning off the settings would limit data collection, only to continue gathering data regardless of their choices.

The lawsuit, which seeks unspecified damages, is part of a larger trend of litigation against tech giants like Apple, Google, and Meta for unauthorized data collection.

In a 39-page ruling issued Thursday, Judge Davila noted that Apple informed users that the “Allow Apps to Request to Track” setting pertains to external apps and websites, making it unlikely for users to think they were also opting out of data collection via Apple’s own applications.

However, the judge acknowledged that users had a valid argument for revoking consent under the “Share [Device] Analytics” setting, as Apple specifies that users can disable data sharing entirely.

Apple asserts that data collected through this setting is utilized to enhance their products and services.

As of now, neither the plaintiffs’ attorneys nor Apple’s legal team have commented on the situation. The case is filed under In re Apple Data Privacy Litigation, U.S. District Court, Northern District of California, No. 22-07069.