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Personal data: French start-ups denounce the “abuse of Apple” vis-à-vis its users and seize the Cnil



French start-ups seized on Tuesday March 9 the National Commission for Informatics and Freedoms (Cnil) to denounce the “Apple abuse”, learned franceinfo who was able to consult the complaint. French start-ups, represented by the France Digitale association, ask Apple to “review the way the company collects users’ personal data”. Several hundred million users are affected by “these abuses”, according to the association.

According to the association, Apple “doubly violates the right to personal data” : first by not asking “user consent for targeting advertising”; then, “the user is insufficiently informed about the use and processing of his personal data”, indicates the complaint of France Digitale. “All native Apple apps allow ad targeting in iOS 14”, says France Digitale. Personalized ads are enabled by default, which is “manifest, serious and repeated damage” the general data protection regulations (RGPD) and the e-privacy directive of July 12, 2002.

The “personalized ads” option, added via a settings update for Apple iPhones and Macs, is enabled by default. This operation “should have been accompanied by methods of collecting the user’s prior consent”, estimates France Digitale, which points in a press release “a marked breach of the use of personal data”.

“It’s a start-up version of David versus Goliath, but we’re determined, says Nicolas Brien, Managing Director of France Digitale. Our start-ups have suffered too much and the general public has the right to know about Apple’s schemes, whose discourse on respect for privacy is now contradicted by the facts. While small French start-ups respect the law, Apple seems to be flying above. “

With this complaint, the association is waiting for the CNIL “take any measure aimed at putting an end to the practices thus denounced”. “We will not allow an unbearable ‘double standard’ situation to take hold in the online advertising market.”, explains Nicolas Brien, the managing director of France Digitale.

The “personalized ads” option allows the delivery of targeted ads within Apple applications, such as the App Store, Apple News, or Stocks application store. According to its own documentation, Apple uses personal and technical information, geolocation, or search and browsing histories. “Apple allows itself things on its applications that it does not allow for third-party application developers,” denounces France Digitale.

“The accusations in the complaint are patently false and should be viewed as such, a poor attempt by those who stalk users to distract from their own actions and mislead regulators and policy makers,” Apple reacted in a statement. Apple has been deploying for several months a series of changes announced on the occasion of the release of its iOS 14 mobile operating system. In particular, it intends to systematically ask for user authorization to let application developers use the identifier. device advertising (IDFA). These announcements caused a stir in the world of digital advertising, which is very dependent on the use of personal data.



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