A federal judge has narrowed a lawsuit against Apple, which accuses the company of violating the privacy of iPhone, iPad, and Apple Watch users by collecting personal data through its proprietary apps, including the App Store, Apple Music, and Apple TV.
U.S. District Judge Edward Davila in San Jose, California, dismissed most claims related to the “Allow Apps to Request to Track” setting on Apple devices but allowed some claims regarding the “Share [Device] Analytics” setting to proceed.
Users of mobile devices argued that Apple breached their user agreements and various privacy and consumer protection laws by stating that disabling these settings would limit the collection, storage, and use of their data, only to disregard their choices and continue gathering their information.
This lawsuit, which seeks unspecified damages, is part of a broader trend of legal actions against tech giants like Apple, Google, and Meta Platforms, alleging unauthorized data collection.
In a 39-page ruling released late Thursday, Judge Davila noted that Apple clearly informed users that the “Allow Apps to Request to Track” setting pertains to third-party apps and websites. This clarification led him to conclude that it was “implausible” for users to believe that turning off this setting would revoke Apple’s right to collect data via its own applications.
However, he acknowledged that users plausibly argued they had withdrawn consent for data collection by disabling the “Share [Device] Analytics” setting, referencing Apple’s assertion that users could “disable the sharing of Device Analytics altogether.”
Apple has stated that it collects data through this setting to enhance its products and services. Lawyers representing the plaintiffs did not respond immediately to requests for comment, nor did Apple’s legal team.
The case is titled In re Apple Data Privacy Litigation, U.S. District Court, Northern District of California, No. 22-07069.
