Apple will face a lawsuit over claims that it collected personal data from customers as they used apps on its iPhone.

The lawsuit has emerged from claims that surface just over a month ago. A New York Times report had claimed that apps running on iOS could access private photos, and that many other apps could gain access to private information, uploading entire address books complete with names, telephone numbers and e-mail addresses to their own servers.

District Judge Lucy Koh (San Jose, California) has allowed a case against Apple to proceed to pretrial fact-finding. The case is between Apple and customers who filed a complaint, and in a statement, the lawyer representing those customers said:

“Apple, through applications on iPhones, collected data on customers’ geographical locations even after users said they didn’t want to share the information”

Apple claim that none of the customers have identified a “single, concrete injury” that has been sustained, let alone one that directly incriminates Apple. Apple does collect information through apps that it describes as “non-personal”, so things like zip codes, area codes and location. But these are all taken to enhance user experience. Judge Koh has warned that Apple will face sanctions if any “game play” is discovered during the information exchange.

Who should be responsible for such dealings? The developers behind the app, or Apple? Leave a comment below, and be sure to follow me on Twitter for all the latest Apple news, reviews and rumors.