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Apple must face narrowed privacy lawsuit over its apps
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Apple must face narrowed privacy lawsuit over its apps
Sep 28, 2024 12:45 AM

Sept 27 (Reuters) - A federal judge narrowed a lawsuit

accusing Apple ( AAPL ) of violating the privacy of iPhone, iPad

and Apple Watch users by collecting their personal data through

proprietary apps such as the App Store, Apple Music and Apple

TV.

U.S. District Judge Edward Davila in San Jose, California,

dismissed nearly all claims based on the "Allow Apps to Request

to Track" setting on Apple ( AAPL ) mobile devices, but let some claims

proceed over the "Share Analytics" setting.

Mobile device users said Apple ( AAPL ) violated their user

agreements and several privacy and consumer protection laws by

assuring that disabling the settings would limit its collection,

storage and use of their data - only to then ignore their

choices and collect, store and use that data.

The lawsuit seeking unspecified damages is one of many

accusing technology companies such as Apple ( AAPL ), Alphabet's

Google and Meta Platforms' ( META ) Facebook of

allowing the collection of user data without consent.

In a 39-page decision late Thursday, Davila said Apple ( AAPL ) 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 ( AAPL ) to collect their data through its

own apps.

But the judge said users plausibly alleged they withdrew

such consent by disabling the "Share Analytics"

setting, citing Apple's ( AAPL ) disclosure that users may "disable the

sharing of Device Analytics altogether."

The Cupertino, California-based company has said it collects

data through that setting to improve its products and services.

Lawyers for the plaintiffs did not immediately respond to

requests for comment on Friday. Apple ( AAPL ) and its lawyers did not

immediately respond to similar requests.

The case is In re Apple Data Privacy Litigation, U.S.

District Court, Northern District of California, No. 22-07069.

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