Apple has been ordered by US Magistrate Judge Paul Grewal to demonstrate how it is complying with an earlier court order. The original order demanded that Apple turn over evidence in a lawsuit regarding its iOS platforms tracking capabilities.
The software giant was ordered to hand over iOS tracking data after plaintiffs in a lawsuit against the company complained of data withholding.
In his decision, Judge Grewal writes, “Luckily for the plaintiffs, Apple has provided more than enough evidence itself to suggest to the court that it has not fully complied with the court’s order.” The judge further adds, “In light of Apple’s performance in this case, the court cannot rely on its representations that this time it really has or will produce all responsive documents.”
In the lawsuit, plaintiffs complain that Apple did not warn users that its iOS platform could allow third party developers to collect a users personal data, specifically information about their location. The biggest complaint is that Apple continued to collect data even after users turned off the tracking feature on their smartphones.
Apple attempted to keep documents out of the court, claiming that both Apple and its customers could be hurt if the contents were “inadvertently released to the public.”
In the meantime, Apple is still attempting to block the plaintiffs wishes to turn the lawsuit into a class action filing. Apple claims that no proof has come forward to prove that Apple collected user data without their permission.
In terms of evidence, Judge Grewal has asked Apple to submit, by the end of Friday, an account of how it collects and evaluates the documents it’s required to turn over.
Part of the evidence Apple must provide involves any search terms used, dates those searches were made, individuals subject to search, and more.
Apple has already been warned by the judge after they failed to produce email from Steve Jobs and other high-ranking Apple executives. According to Apple lawyer Ashlie Berginer, that failure was a “mistake” on the part of Apple’s defense team.
In response to the court’s order, Apple must hand over unredacted versions of some documents, which they originally offered in redacted form.
Apple must explain to the court by 5 pm today how it is following the previous order of evidence collection.