Apple recently received a third related class action lawsuit in which the plaintiffs argued that Apple collects and analyzes user data despite the iPhone user’s explicit refusal to give permission.
Following an initial class action lawsuit in California alleging that Apple’s privacy protections are “completely fictitious,” a second lawsuit has been filed in Pennsylvania by some iPhone users alleging that Apple violated the National Wiretap, Privacy and Consumer Fraud Act. “.
Attorney Paul Whalen has been retained to bring a third lawsuit against Apple in New York State and has extensive experience in this area having practiced for more than 20 years and having handled numerous data breach lawsuits in the past.
The data breaches I’ve worked on before have been largely the result of someone making a mistake that shouldn’t have happened,” Whalen said. And in this Apple case, I think there was a knowing violation by Apple”.
With growing concerns about privacy, Apple has tried to position itself as a leader, touting how its mobile devices allow users to control the information they share.
In its official privacy policy, Apple states.
"At Apple, we respect your ability to understand, access, correct, transfer, limit the processing of, and delete your personal data."
Apple’s “User Privacy and Data Use” page in the App Store similarly states.
"The App Store is designed to be a safe and trusted place for users to discover apps created by talented developers from around the world. apps on the App Store are held to high standards of privacy, security and content because nothing is more important than maintaining the trust of users."
Apple even provides specific instructions to users explaining how to control the data Apple collects. Apple tells users that they can turn off the “Allow apps to request tracking” setting if they wish.
In addition, Apple made a direct commitment in the settings of its mobile devices. Apple says it will “completely disable [shared] device analytics” if consumers toggle “shared iPhone analytics” on or off on their iPhone, or if they make similar settings on other Apple mobile devices such as the iPad.
But Apple does not, in fact, honor users’ requests to limit data sharing.
A recent test conducted by two independent app developers at software company Mysk revealed that Apple records, tracks, collects and monetizes consumer analytics data, including browsing history and activity information, even when consumers voluntarily change their “privacy settings” and accept Apple’s instructions to protect their privacy.
These experts and their testing further demonstrate that even when consumers affirmatively turn off “Allow app request tracking” and/or “Share [device] analytics” on their privacy controls, Apple still captures consumers’ app usage, app browsing communications, and personal information in the usage of its proprietary apps, app browsing communications and personal information in its proprietary applications, including the App Store, Apple Music, Apple TV, Books and Stocks.
