No one who understands tech product work will be surprised to learn that Apple collects analytics data about how you use your iPhone . But a circle of multitude were surprised to learn that Apple collects that data even when the society ’s own privacy configurations anticipate not to . So surprised , in fact , that they file case . Now Apple is facing a third class - action suit over the issue , this clock time in New York res publica , marking the third legal action against the company over this data quandary . The instance asks for a nerveless $ 5 million in damages .

If they grant out loyalty punch cards for lawsuits , Apple would be well on its way to a innocent class - action instance .

At some point , Apple will fight down its secrecy practices in lawcourt . But so far , the company refuses to fight itself to Gizmodo , or any other media electrical outlet . We ’ve asked Apple about the job on sixseparate occasionssince Gizmodo solely report on the problemlast November . Apple did n’t respond , and still has n’t enjoin anything publically about the issue . The text of the third lawsuit is nearly indistinguishable to that of thesecond .

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Right.Photo: yvasa (Shutterstock)

Paul Whalen , the lawyer suing Apple in the New York courting , tell Gizmodo he ’s worked on a turn of high - visibility information break case over the last 20 years , affair that often involve unintentional computer error . This is n’t one of those cases , he say .

“ Those data breaches happened in large part because someone made a mistake that should n’t have pass , ” Whalen say . “ In this pillow slip , with Apple , there does n’t appear to be a mistake . Apple knowingly promised one matter and did precisely the opposite . That is what makes this casing finger so very dissimilar . ”

The iPhone Analytics privacy mise en scene says that it will “ disenable the sharing of machine Analytics altogether ” when you turn it off . Apple’sanalytics secrecy policygoes onto say that “ none of the collected info identifies you personally . ” But when researchers from the software development party Mysk tested those claims , they found that neither was on-key .

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Mysk ’s test showed that turning off the setting had no effect on analytics data send from Apple apps , include the App Store , Apple Music , Apple TV , Books , and Stocks . That data include elaborate real - time data about everything you ’re doing in certain apps , not only matter you typewrite or solicit on , but even how long you drop on certain pages and which ads you see . In some cases this could pose a serious privacy concern . In the App Store , for instance , hunt and downloads for specific apps can expose anything from user ’ sexual orientation to religion to raw health problems like addiction and heart abuse .

Despite Apple ’s claims that the information is n’t identifiable , that data point is transmitted with apermanent ID numbertied to iCloud account , which associate the information to your name , electronic mail address and phone routine .

“ At Apple , we respect your power to know , entree , correct , transfer , restrict the processing of , and cancel your personal information , ” reads the iPhone maker ’s company broad privacy insurance policy . When it comes to restricting the processing of your data , it appear that ’s not true .

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Not to mention Apple ’s years - long , self - congratulatory privacy advertising campaign . The company has clothe mammoth billboards across the country with sententious phrases like “ Your iPhone knows a set about you . But we do n’t . ” According to the trio of lawsuits , that ’s not the type .

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