Feeds

Apple dodges data privacy sueball: Fanbois didn't RTFM*, says judge

They never bothered to read the privacy policy... so they have no case

Maximizing your infrastructure through virtualization

A US judge has thrown out an Apple user lawsuit over data privacy, saying that the former fanbois and gurlz had failed to show any evidence that they knew about Apple's privacy policies before they bought their iPhones.

Four iDevice users claimed in 2011 that Apple had violated its privacy policy by allowing third-party app developers to have access to personal information and by transmitting local Wi-Fi and phone tower data when Location Services were turned off.

They claimed they had been "harmed" by this behaviour as they would never have paid so much for their iPhones if they'd known Apple was going to do that and said that their mobiles had lost storage space and battery life from the transmission of their data.

Two of the mobe-owners said they didn't realise that third-party apps could collect their personal information and alleged that Apple had designed the iOS environment to easily transmit their data to companies that collect and analyse it without consent, despite a privacy policy that claimed to protect users. The other two plaintiffs said that their phones were sending location information even when they'd turned that feature off. Before the 4.3.3 version of iOS, iPhones were still sending Wi-Fi hotspot and mobile tower data due to a "software bug", according to Apple.

Although Judge Lucy Koh acknowledged that there may have been harm done, she said the plaintiffs had failed to show that they'd read, seen or heard anything about the company's data policies before they bought their iPhones.

In order for the case to stand up under law, the complainants would have to show that Apple's misrepresentations in its policies had directly influenced their decision to buy a fruity mobe and none of them could.

"To survive a standing challenge at summary judgment, plaintiffs must be able to provide some evidence that they saw one or more of Apple’s alleged misrepresentations, that they actually relied on those misrepresentations, and that they were harmed thereby," she said in her ruling.

"In a case founded on the premise that Apple’s misrepresentations caused plaintiffs substantial harm, this evidentiary burden is far from unreasonable, yet plaintiffs have failed to meet it." ®

* Read The F*cking (privacy) Manual ...

Application security programs and practises

More from The Register

next story
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
Major problems beset UK ISP filth filters: But it's OK, nobody uses them
It's almost as though pr0n was actually rather popular
US Social Security 'wasted $300 million on an IT BOONDOGGLE'
Scrutiny committee bods probe derailed database project
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
MPs wave through Blighty's 'EMERGENCY' surveillance laws
Only 49 politcos voted against DRIP bill
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.