Max Schrems, the data privacy activist, is representing the NOYB group of activists. He filed a lawsuit today against Apple with claims that the US tech giant has defied the European law by using the online tracking tool to store its user’s data without their say-so. NOYB has gone to the extent of involving the Spanish and German data authorities, urging them to regulate Apple tracking tool.
The NOYB are a group of digital activists representing every individual based on preserving digital right, while Maximilian Schrems serves as their leader. Before this case, he had successfully battled and won against Facebook in the court of law over similar issues.
In contrast, Apple stands as the accused by NOYB, which happens to be the first lawsuit against the iPhone maker that has to do with violating the regulation set by the European Union that protects data and its users. For the time being, Apple is still yet to comment, while suspicions have it that they are trying to make the smart move, that will not complicate the case or jeopardize the reputation to their trademark.
Prior to this case, the tech company revealed its intent to increase security as they released the newest version of its iOS 14 operating system. Still, to keep the suspense going and something to interest its customers about their products, improved security will be inclusive in the next version of its operating system.
Noyb’s claims are based on the fact that Apple uses the Identifier for Advertisers (IDFA) as an excuse to exploit its customers. The IDFA is a tracking code that robotically generates once a profile is being signed up on every iPhone.
Stefano Rossetti, the lawyer representing Noyb, noted that the tracking code on the Apple device is the tool in which apple uses to track its consumer online activities. The best part about the tracking as a tool is that it also gives access to third-parties – whereas it also stands a means for platforms like Facebook to send specific ads that are likely relevant to its users.
Stefano said: “Apple places codes that a comparable to a cookie in its phones without any consent by the users. This is a clear breach of European Union privacy laws.”
Stefano still maintains his stand that the EU data privacy regulations demand that the consent of the user should be acknowledged before installing such a tool. Just as the group of activists are convinced that Apple might restrict third-parties from accessing its pre-installed tracker, but will not exclude Apple itself from using such a tool. He said: “tracking must be the exception, not the rule.”
On behalf of the Germans and the Spanish consumers, NOYB had to draw their notice in order to regulate such actions to ensure further data protection is observed. Still, either of the data authority body is yet to issue a comment concerning the matter.
It’s a known fact that every federal state in German has an independent data protection authority and in reference to the 2002 e-privacy directives that permits a national authority to impose fines unconventionally.
Overtime Schrems has gained successes agitating for digital rights, we can only wait and see what happens this time.