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Apple stored iPhone data without consent claims Noyb

by on16 November 2020


Breaching EU privacy laws

Fruity cargo cult Apple has been reported to privacy watchdogs by activist Max Schrems over Apple’s online tracking tool, saying it breached European law by allowing iPhones to store users’ data without their consent.

It is the first such major action against Apple related to European Union privacy rules.

Noyb, the digital rights group run by Schrems, has successfully fought two landmark trials over privacy against Facebook.

Apple claims it provides users with a superior level of privacy protection. It had announced it would further tighten its rules with the launch of its iOS 14 operating system this autumn but in September said it would delay the plan until early next year.

However Noyb said that Apple uses a tracking code that is automatically generated on every iPhone when set up, the so-called Identifier for Advertisers (IDFA).

The code, stored on the device, allows Apple and third parties to track a user’s online behaviour and consumption preferences - vital for the likes of Facebook to be able to send targeted ads that will interest the user.

Noyb lawyer Stefano Rossetti said that Apple placed codes that are comparable to a cookie in its phones without any consent by the user. This was a clear breach of European Union privacy laws.

Rossetti referred to the EU’s e-Privacy Directive, which requires a user’s prior consent to the installation and use of such information.

Apple’s planned new rules would not change this as they would restrict third-party access but not Apple’s.

The claims were made on behalf of an individual German and Spanish consumer and handed to the Spanish data protection authority and its counterpart in Berlin, said Noyb.

In Germany, unlike Spain, each federal state has its own data protection authority.

Apple faced an antitrust complaint in France last month in which advertising groups objected to the planned privacy changes, saying they gave Apple an unfair advantage.

Last modified on 16 November 2020
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