Corporation should never play by their rules, this never ends well for anyone.No, but Apple should play by its own rules.
Apple should instead provide users with the option to opt out of ALL ad tracking including Apple's current process with ATT.
Users should be able to deny tracking as easy as allowing it. With ATT I can easily deny tracking which is great but for Apple's own applications and services I still have to go into their settings and disable it (personal recommendations or measurement of ad effectiveness), enabling ATT is not enough.In particular, this ruling seems at odds with the GDPR. It would be nice to see some discussion on how this ruling can be viewed as consistent with data privacy rights.
Just remember — if you’ve paid nothing for the app, you are the product!It’s just one tool in the toolbox, but the ad companies will continue to claw for your data. Are you generally logged into your accounts with Google, Facebook, etc? That makes it super easy for them.
What prompt in Apple apps?! Can you show this supposed promp? There is no prompt. Apple apps don't need a prompt because the don't do cross-site tracking. Just like any other app that doesn't do cross-site tracking.The authorities did determine asymmetrical treatment for apps, e.g. the French determined that third-party apps require a different, more complicated consent prompt that Apple's own apps. Apple has some argument in their favour, but mainly because the way Apple defined ATT fundamentally excludes themselves from it and allows them to give their own app a simplified prompt.
This was likely at least in part a calculated decision made to gain an advantage against most competitors. The advantage is undeniable IMHO: whether it's "fair" or not is debatable but so far regulators seem to agree that it's not a fair advantage.
A better, more privacy-oriented approach might be to further limit cross-tracking to contexts even if the different contexts are being handled by the same company. Something similar does exist already in other industries where you signing a contract of a certain type with a company does not automatically give said company the right to use your data in other contexts.
What prompt in Apple apps?! Can you show this supposed promp? There is no prompt. Apple apps don't need a prompt because the don't do cross-site tracking. Just like any other app that doesn't do cross-site tracking.
I cannot show any prompt as I have disabled the ability for apps to request tracking altogether long ago and I'm not even sure the prompt issues discussed by the regulators are relevant to my country as some seems specific to their regulations.What prompt in Apple apps?! Can you show this supposed promp? There is no prompt. Apple apps don't need a prompt because the don't do cross-site tracking. Just like any other app that doesn't do cross-site tracking.
The Autorité found that the ATT framework imposed by Apple is not necessary, insofar as the consent obtained is not valid under the applicable laws, in particular the French Data Protection Act.
In practice, the fact that publishers that so wish cannot rely on the ATT framework to comply with their legal obligations means that they must continue to use their own consent collection solutions, known as consent management platforms (“CMPs”). The result is that multiple consent pop-ups are displayed, making the use of third-party applications in the iOS environment excessively complex, as observed by the French data protection authority (Commission nationale de l’informatique et des libertés – CNIL) in a 2022 opinion issued at the request of the Autorité.
Lastly, the Autorité found an asymmetry in how Apple treated itself and how publishers were treated. While publishers were required to obtain double consent from users for tracking on third-party sites and applications, Apple did not ask for consent from users of its own applications (until the implementation of iOS 15). Due to this asymmetry, the CNIL fined Apple for infringing Article 82 of the French Data Protection Act, which transposes the ePrivacy Directive.
The asymmetry remains today insofar as Apple has introduced a single “Personalized Advertising” pop-up to collect user consent for its own data collection, while continuing to require double consent for third-party data collection by publishers.
Gruber already destroyed this. Just go read it:I cannot show any prompt as I have disabled the ability for apps to request tracking altogether long ago and I'm not even sure the prompt issues discussed by the regulators are relevant to my country as some seems specific to their regulations.
The original press release from the French authorities (link to the English version) provides a summary of their findings:
And further:
I'm not sure whether the German and Italian regulators have similar issues as I haven't looked into it yet.
Why, pray tell, are you asking me a question that has nothing to do with the question that you responded to?pray tell, why is siri enabled in all apps by default the moment you install them, even though siri itself is disabled?
That's the dumbest logic I've seen yet. Right up there with cookie banners. France is saying that Apple shouldn't get user preferences at an OS level because they require each app to get permission on its own. What consumer unfriendly nonsense.I cannot show any prompt as I have disabled the ability for apps to request tracking altogether long ago and I'm not even sure the prompt issues discussed by the regulators are relevant to my country as some seems specific to their regulations.
The original press release from the French authorities (link to the English version) provides a summary of their findings:
Again, you're repeating what they said, but ignoring the problem. Again, ATT only applies when an app "collects data about end users and shares it with other companies for purposes of tracking across apps and web sites." Apple apps do not share data with other companies, so they do not need to display an ATT prompt.And further:
I'm not sure whether the German and Italian regulators have similar issues as I haven't looked into it yet.
Gruber already destroyed this. Just go read it:
I actually agree that ATT in its current form is better than nothing, but I also believe it's fair to say that its' "first-party" exclusion does raise some concerns.
The issue IMHO is that Apple designed ATT so that first-party tracking is excluded, which gives a provider like Apple with its whole ecosystem of apps and services a big advantage. Apple does not need as much third-party tracking when they can rely on first-party tracking across their whole ecosystem, so by penalizing third-party tracking they are effectively giving themselves an advantage.
I am against tracking, so I think Apple is doing a good thing in "limiting" it, but it's also fair to say that they do have a conflict of interest that makes regulator take actions. That's is IMHO what ultimately the regulators are having issues with.
France is saying that Apple shouldn't get user preferences at an OS level because they require each app to get permission on its own. What consumer unfriendly nonsense.
Again, you're repeating what they said, but ignoring the problem. Again, ATT only applies when an app "collects data about end users and shares it with other companies for purposes of tracking across apps and web sites." Apple apps do not share data with other companies, so they do not need to display an ATT prompt.
Whereby "first party tracking" you mean tracking user preferences and purchases? That's how apps work. Not sure what you are getting at here.I actually agree that ATT in its current form is better than nothing, but I also believe it's fair to say that its' "first-party" exclusion does raise some concerns.
The issue IMHO is that Apple designed ATT so that first-party tracking is excluded, which gives a provider like Apple with its whole ecosystem of apps and services a big advantage. Apple does not need as much third-party tracking when they can rely on first-party tracking across their whole ecosystem, so by penalizing third-party tracking they are effectively giving themselves an advantage.
I am against tracking, so I think Apple is doing a good thing in "limiting" it, but it's also fair to say that they do have a conflict of interest that makes regulator take actions. That's is IMHO what ultimately the regulators are having issues with.
The exact same rules apply to Apple and Meta. Just because Apple doesn't want to track what you do in non-Apple apps and the web and Meta wants to track what you do in third-party apps and the web doesn't mean Apple is giving itself an unfair advantage. Meta wants that data to serve you ads. Apple doesn't.
BUT THERE IS NO EXCLUSION. Apple does not track across third party apps and devicesAs I posted above, I suspect the first-party exclusion in ATT is actually what the regulators see as a fundamental problem.
BUT THERE IS NO EXCLUSION.
That's correct. Are you saying that it's unfair or a privacy issue that Apple knows what I purchased from Apple and doesn't share that info with any other companies?!?My understanding is that ATT prevents tracking only between different vendors. Apps from a single vendor are not affected by ATT. Is that incorrect?
My understanding is that ATT prevents tracking only between different vendors. Apps from a single vendor are not affected by ATT. Is that incorrect?
That's correct. Are you saying that it's unfair or a privacy issue that Apple knows what I purchased from Apple and doesn't share that info with any other companies?!?
It's worse than that. France seems to be saying that Apple can't enforce ATT (which has been proven to work) because each app already needs to obtain permission on its own anyway (which doesn't work) under French law.ATT says "you have to ask users' permission before tracking users OUTSIDE of your own apps/websites." Meta is able to track users across its own apps and websites (Facebook, Instagram, WhatsApp) without permission because they all belong to Meta, but if they want to also track what users do inside your local newspaper's app, they have to get the user's permission."
Apple doesn't track users across third party apps and websites. They don't track what you do in your local newspaper's app. If they did track you what you were doing in your local newspaper's app, then ATT would apply to them.
Think of it like a mall rule: “Stores must get permission before sharing customer data with other stores in the mall.” France is saying that rule is unfair because the mall owner’s own store doesn’t ask for permission, even though that store doesn’t share data with anyone. It's nonsense.
It's worse than that. France seems to be saying that Apple can't enforce ATT (which has been proven to work) because each app already needs to obtain permission on its own anyway (which doesn't work) under French law.
Germany is the one complaining that Apple does have to ask permission to do the thing that Apple doesn't do.
Think of it like a mall rule: “Stores must get permission before sharing customer data with other stores in the mall.” France is saying that rule is unfair because the mall owner’s own store doesn’t ask for permission, even though that store doesn’t share data with anyone. It's nonsense.