Microsoft Sued over Secretly Tracking Smartphone Users

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Remember when Apple was accused of illegally tracking the location of iPhone users via a location discovery system inherent to iOS4 earlier this year? Well, it turns out that it wasn’t just Apple—or Google, which was also found via a leaked memo to be doing the same thing with their Android devices. Now Microsoft is being sued for doing exactly the same thing.

A lawsuit, filed yesterday in a Seattle federal court, claims that users of any smartphone running Windows Phone 7 OS are being tracked even after they’ve opted out of location tracking. According to Rebecca Cousineau, who filed the suit, location data is transmitted whenever the phone’s camera is activated.

Microsoft has previously told Congress that, while collecting “limited information necessary to determine the approximate location of the device,” such information was only collected “always with the express consent of the user.” The company has so far declined to comment on the lawsuit, but is believed to be preparing a response to the claims contained therein.

MORE: Apple: Us? Track You? Never Planned To, Never Will

Graeme McMillan is a reporter at TIME. Find him on Twitter at @Graemem or on Facebook at Facebook/Graeme.McMillan. You can also continue the discussion on TIME’s Facebook page and on Twitter at @TIME.