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French iPhone users bring group action against Apple for ‘spying on them via Siri’

People can add their name to the case if they believe their device is implicated

The Apple voice assistant Siri is only supposed to ‘wake’ when the user says the wake words “Hey Siri”
Published

A group of iPhone users in France have launched collective legal action against US tech giant Apple, claiming that their devices are “abusively listening” to them via the voice assistant Siri.

The lawsuit has been brought by lawyer and former Green Party MP Julien Bayou, and fellow lawyers Eva Naudon, and Olivia Roche from the law firm Phaos which specialises in intellectual property and digital law.

The lawsuit is calling for - as well as recognition of its complaints - refunds for the purchase of Apple devices that their users claim “spied on” them via Siri.

The three lawyers hope to use European law to strengthen their case. “The mere fear that personal data has been recorded and misused constitutes harm, [which is] now recognised by the European Court of Justice,” said Mr Bayou, to Le Parisien.

The case dates back to 2019, when a whistleblower - who had been hired by an Apple subcontractor to transcribe these conversations - claimed that Siri was eavesdropping on personal speech without the users’ knowledge, and without them having asked for help from the assistant by using the wake words “Hey Siri”.

Siri is only supposed to listen to requests or instructions after this phrase is used, and never at other times.

However, the whistleblower claimed that millions of people had had their conversations listened to and recorded without consent. 

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In the ongoing French case the three lawyers that they will file a formal notice with the Tribunal judiciaire de Paris (Paris court of justice) before the summer. They have suggested that Apple accept an out-of-court settlement, which would include refunds for all devices purchased by the plaintiffs (up to a limit of five per person).

Depending on the individual plaintiffs and their situation, additional compensation may also be sought for some.

The lawyers are also claiming that Apple still retains data without consent for marketing purposes, which Apple denies.

Submit your complaint

The lawyers are still accepting applications from those in France who believe they have been affected by this “abusive listening”. 

People can register a complaint via the website , until the end of June providing their iPhone is less than 10 years old if they believe they have been affected.

Those wishing to register must click the button “Je Veux Participer (I want to participate)”, and then provide details of claim, personal contact information, plus proof of ownership of the allegedly-offending iPhone.

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‘Apple no longer retains audio recordings’

In its defence, Apple has admitted that Siri did used to record conversations, but it claimed that these recordings were only used to train the assistant to become more helpful. The conversations were never stored, listened to, or used for any other purpose it said.

However, Apple has since said that the program has been changed so that conversations are not recorded or stored. It denies the most recent allegations.

“By default, Apple no longer retains audio recordings of interactions with Siri,” Apple . However, “Users can still choose whether they want to share ‘audio samples of their requests’ to improve Siri,” it said.

Earlier this year, the company paid US$95 million in damages (approximately $65 per claimant) following a class action lawsuit over the same issue in the United States.

What is Siri and how does it work? 

Siri is the Apple voice assistant that can help users answer questions, perform tasks (such as call someone, play music, send an email, etc), or search the web by using their voice. Newer versions use artificial intelligence (AI), which Apple says helps make it more helpful and effective.

Siri can be set in multiple global languages, and several accents within (e.g. US English, UK English, Australian English, Indian English, etc).

If you have Siri set up on your iPhone, you can “wake” it by saying “Hey Siri” into your phone (or if your phone is set up in French, you can simply say “Siri” or “Dis Siri”). The voice will then respond, and you can ask it to perform tasks or search the web for an answer to a question.

How can I disable Siri on my iPhone?

You can disable Siri (and change its settings) on your iPhone by going to Settings, tapping Siri, and customising the options there. 

To turn it off completely, tap Talk to Siri, and select the option Off. 

You can also delete your existing Siri history by tapping Siri & Dictation History and then clicking the DeleteSiri & Dictation History option at the top of the page.

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