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.