Apple is being sued by two American women who say devices AirTag — used for geolocation — facilitate the tracking and action of stalkers against victims.
The product, originally created by Apple to track personal items such as backpacks, keys, wallets and even cars, may be being used to track people without prior consent – the so-called stalking.
According to the class action filed Monday in San Francisco Federal Court, the ex-boyfriend of one of the victims attached an AirTag to the wheel cavity of a tire on his car. The device was supposedly painted and wrapped in a plastic bag to disguise it.
Another woman claimed that her ex-husband tracked her movements by placing an AirTag in her son’s backpack. Though she tried to deactivate it, another one appeared in her place.
The tracking even led to a murder, according to a court case. A woman was shot by her ex-boyfriend after being stalked through the device in Ohio State; another man was chased and run over by his ex-girlfriend in Indiana after hiding an AirTag in her car.
old problem
Apple launched the AirTag in 2021, and today it costs around R$370. However, shortly after its launch, some experts warned that the devices could be used to track individuals without consent.
The problem did not go unnoticed by the company: in early 2022, Apple added more protections to the AirTag to reduce unwanted tracking.
In a note, the company said it worked with security groups and law enforcement agencies to identify more ways to update its security advisories, including alerting people earlier and louder if the tiny Bluetooth tracker is tracking someone.
“AirTag was designed to help people locate their personal belongings, not to track someone else’s people or property, and we condemn in the strongest possible terms any malicious use of our products. Unwanted tracking has been a social issue for a long time, and we took this concern seriously in the design of the AirTag,” he said.
The new lawsuit alleges that these measures did little to protect victims. “While Apple has built protections into the AirTag product, these are woefully inadequate and do little, if anything, to promptly alert individuals if they are being tracked,” he said.
digital security
According to Eduardo Fucci, a lawyer specializing in Digital Law and Technology, tracking and geolocation technologies are nothing new and there are devices that have been in circulation in the market for some years — for example, devices to prevent escape or facilitate the identification of dogs and cats.
In the case of Apple, the Air Tag’s differential is its relationship with the company’s product ecosystem and the so-called privacy settings, which make it impossible for a third party to access data that the owner of the Air Tag would not like to be accessed.
But, according to the expert, it is necessary to highlight the risk that a small, accessible and, in some circumstances, imperceptible tracking device can cause to the privacy of third parties.
“Legally, the issue can be analyzed from the perspective of data protection laws and the constitutional right to privacy, in addition to the crimes provided for in the different laws. In the case of laws such as the LGPD, for example, it is not always possible to apply them to these cases, as the violations that occur may have private and non-economic purposes”, he explains.
This does not mean that the victim is helpless: as in the United States, it is possible to resort to the judiciary. “It is important to state that any violation of a person’s privacy without legal provision or justification in our legal system, considering the circumstances, is unconstitutional”, he says.
In the specific case of Apple, and considering the Brazilian legal system, it would be very difficult for it to be held directly responsible for a case of stalking involving an Air Tag.
“In principle, Apple would not have direct responsibility, which does not mean that a broader discussion on the need for regulation of this type of tracking device is not necessary and appropriate for our society”, he concludes.
THE CNN contacted Apple but got no response.
* Under the supervision of Ana Carolina Nunes and with information from CNN Internacional
Source: CNN Brasil
A journalist with over 7 years of experience in the news industry, currently working at World Stock Market as an author for the Entertainment section and also contributing to the Economics or finance section on a part-time basis. Has a passion for Entertainment and fashion topics, and has put in a lot of research and effort to provide accurate information to readers.
