Apple says the consumers haven't presented “a shred of evidence that even a single app transmitted 'personal information.'” The company is asking U.S. District Court Judge Lucy Koh in the Northern District of California to reject the consumers' bid for class-action status.
The consumers brought the case three years ago, shortly after reports surfaced alleging that developers were able to access iPhone and iPad unique device identifiers. Apple defines unique device identifiers as non-personal information. But the consumers argue that the identifiers become “personally identifiable information” when combined with other supposedly anonymous information, such as Zip codes, occupation or area code.
Apple counters in its papers that the consumers have no evidence that anyone actually combined device identifiers with other data. The company adds that an expert hired by the consumers was not able to find “a single example of an app combining UDID with personal information.”
Shortly after it was sued, Apple promised to limit developers' ability to access unique device identifiers. More recently, the company rolled out advertising identifiers, which function like unique device identifiers, but differ in that they can be reset by consumers.