Apple's terms for sharing personal information with the company are too broadly formulated, the court ruled on April 30, according to a verdict published by the Federation of German Consumer Organisations (VZBV) on Tuesday.
After Apple was sued, the company committed to change two more clauses, after which the lawsuit continued over the eight remaining disputed clauses, said Heidemann-Peuser. The court found that Apple violates the law with all those clauses, she added.
This clause violates the law because customers are unaware which data is used and to what extend, the court ruled, according to the VZBV.
Another problematic clause gives Apple the right to collect the information someone provides about friends and family such as name, mailing address, email address and phone number when someone sends a gift certificate or products or invites others to join a user on an Apple forum, Heidemann-Peuser said. This is illegal because Apple would need consent from the third party to process this data, she said.
Apple also states that it may collect, use and share precise location data, including the real-time geographic location of a users' Apple computer or device, in order to provide location based services like advertising on Apple products. The data, as collected, is anonymous, according to Apple's policy. However, when location-based services are used, the data can always be traced back to an individual, according to the court, so this clause was also prohibited.
However, the company does not need to do so immediately because Apple can appeal the verdict, which the VZBV expects the company to do.
Apple did not reply to a request for comment.
Loek is Amsterdam Correspondent and covers online privacy, intellectual property, open-source and online payment issues for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to firstname.lastname@example.org
Join the CIO Australia group on LinkedIn. The group is open to CIOs, IT Directors, COOs, CTOs and senior IT managers.