Plaintiff’s Declaration — Gjovik v. Apple Inc. (Case 3:23-cv-04597-EMC, Document 307-1)
Summary
Ashley M. Gjovik, appearing In Propria Persona, files this declaration in Case 3:23-cv-04597-EMC against Apple Inc., in support of her opposition to Apple's Motion to Enforce Protective Order and her request for judicial notice. It attaches exhibits grouped as press and media coverage (articles from Der Spiegel, Telerama, The Telegraph, TechCrunch, Gizmodo and Inverse), Apple's own public disclosures about the Apple Women's Health Study, and federal regulatory records. Those records include a public comment to the White House Office of Science and Technology Policy, GAO report GAO-24-107639, an NLRB National Settlement Agreement dated April 3, 2025, and a complaint submitted March 11, 2026 to the Office for Human Research Protections.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Date
- 2026-03-13
Cite this document
“Plaintiff’s Declaration — Gjovik v. Apple Inc. (Case 3:23-cv-04597-EMC, Document 307-1).”
Original at www.courtlistener.com, dated 2026-03-13. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-03-13-plaintiff-v-apple-inc/
, SHA-256 2ccbedaa018c18c03e6929dd2eff5a4b160aa5f71240db56f43e07cd64fb952d.Full text
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 1 of 217
Ashley M. Gjovik, JD
In Propria Persona
2108 N St. Ste. 4553
Sacramento, CA, 95816
(408) 883-4428
legal@ashleygjovik.com
United States District Court
Northern District of California
Ashley M. Gjovik , Case No.
an individual, 3:23-CV-04597-EMC (KAW)
Plaintiff,
Plaintiff’s
Declaration in
vs.
Support of:
Plaintiff’s
Opposition to
Apple Inc.,
Defendant’s Motion
a corporation,
at Dkt. 294
Defendant. HEARING:
Location: Oakland (TBD)
Date: April 2 2026
Time: 1:30 PM
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 2 of 217
PLAINTIFF'S DECLARATION (DKT. 294)
DECLARATION OF ASHLEY M. GJOVIK,
IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION AT DKT. 294,
AND IN SUPPORT OF PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE
Plaintiff Ashley Gjovik respectfully files this Declaration in support of her Opposition to Defendant Apple
Inc.'s Motion to Enforce Protective Order (Dkt. 294) and in compliance with Civil L.R. 7-3, 7-4, and 7-5.
I, Ashley M. Gjovik, declare as follows:
1. I am the Plaintiff in the above-captioned matter, appearing In Propria Persona. I have personal
knowledge of the facts stated herein and, if called as a witness, could and would testify competently
thereto.
2. I make this Declaration in support of my Opposition to Defendant's Motion to Enforce Protective
Order (Dkt. 294), my Motion for Judicial Notice, and my Motion for Sanctions under Fed. R. Civ.
P. 26(g) (Dkt. 302).
EXHIBITS — PRESS AND MEDIA COVERAGE
3. Attached hereto as Exhibit A is a true and correct copy of the article titled "Apple Cares About
Privacy Unless You Work at Apple," published on or about August 30–31, 2021. This article quotes
me describing what I felt were invasions of my privacy by Apple, including with its studies and its
surveillance practices, with its collection of nude photos of me, and with workplace retaliation. The
journalist contacted Apple for comment prior to publication. Apple did not respond. Apple
terminated my employment approximately ten days after publication. Apple subsequently cited
this article as the basis for my termination. See Dkt. 280 fn. 2.
4. Attached hereto as Exhibit B is a true and correct copy of the article titled “Apple lädt Mitarbeiter
zu Datenparty – um Gesichter zu scannen,”published by Der Spiegel, on or about June 24 2022.
The German original version is included followed by a version informally translated to English
(“iPhone is watching you”). Der Spiegel is a publication of general circulation published in the
Federal Republic of Germany. This article reports on Plaintiff's complaints about working
conditions at Apple, Apple surveillance practices, and Apple’s studies on employees. (“Gjovik
now wants to reveal that the company is not only breaking its promises, but possibly also the law.
… She is in contact with California's data protection authority about the violation of her privacy,
and German authorities are also involved… For around four years, the app photographed her when
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she was half asleep or on the toilet, and even nude pictures of her were stored. She estimates that
the app took hundreds of pictures a day… She is now fighting her dismissal before the National
Labor Relations Board (NLRB). According to SPIEGEL, the SEC is also interested in whether
Apple wanted to shut down a whistleblower..”) . I filed this article to the Ninth Circuit docket for
case 25-2028 Dkt. 27-5 pp.27-31 on May 20 2025 and Apple was served with it. [Live URL:
https://www.spiegel.de/netzwelt/gadgets/apple-laedt-mitarbeiter-zu-daten-party-um-gesichter-
zu-scannen-a-54c4a2da-0f39-48be-9762-1bda39fcca8e].
5. Attached hereto as Exhibit C is a true and correct copy of the article titled “Ashley Gjøvik,
lanceuse d’alerte licenciée par Apple, seule contre tous,” published by Telerama, a French
publication, on or about March 14 2023. The French original version is included followed by a
version informally translated to English (“Ashley Gjevik, whistleblower fired by Apple, alone
against all odds: The fault of this employee, who will be dismissed in 2021: she revealed that the
Californian firm turns its employees into guinea pigs. Even stalking them in their private lives.”)
This article reports on Apple’s studies on employees, complaints about invasions of privacy, and
labor disputes at Apple. I filed this article to the Ninth Circuit docket for case 25-2028 Dkt. 27-5
pp.33-42 on May 20 2025 and Apple was served with it. [live URL:
https://www.telerama.fr/debats-reportages/ashley-gjovik-lanceuse-d-alerte-licenciee-par-apple-
seule-contre-tous-7014661.php].
6. Attached hereto as Exhibit D is a true and correct copy of the article titled “Apple whistleblower
brings spying claims to UK: Data watchdog opens investigation into privacy accusations against
iPhone maker,” published by The Telegraph on or about April 10 2022. This article reports on
Apple’s employee “studies,” complaints about invasion of privacy, and allegations of systemic
regulatory noncompliance by Apple. I filed this article to the Ninth Circuit docket for case 25-2028
Dkt. 27-5 pp. 55-56 on May 20 2025 and Apple was served with it. (“Britain's information
watchdog is investigating claims that Apple was able to access personal information on workers'
phones after a privacy complaint was lodged by a whistleblower. Ashley Gjovik, a former senior
Apple engineer, has filed a 54-page privacy complaint against the iPhone maker alleging unlawful
data collection and invasion of employee privacy over "years and multiple countries" In the filing,
which has been lodged with the UK Data Protection Information Commissioner's Office (ICO)
and its counterpart in Brussels, Ms Gjovik claimed that she publicly expressed concerns about
Apple "pressuring its employees to participate in invasive data collection procedures, including
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scans of ears/ear canals".) [live URL: https://www.telegraph.co.uk/business/2022/04/10/apple-
whistleblower-brings-spying-claims-uk/]
7. Attached hereto as Exhibit E is a true and correct copy of the article “Ex-Apple employee takes
Face ID privacy complaint to Europe,” published by TechCrunch and Yahoo! News around April
11 2022, and previously filed in to the Ninth Circuit case 25-2028 and Dkt. 27-5 at 63-64, and Apple
was served. (“At the time, Gjøvik had been placed on administrative leave by Apple after raising
concerns about sexism in the workplace, and a hostile and unsafe working environment which it
had said it was investigating. She subsequently filed complaints against Apple with the U.S.
National Labor Relations Board. Those earlier complaints link to the privacy complaint she’s sent
to international oversight bodies now because Gjøvik says she wants scrutiny of Apple’s privacy
practices after it formally told the U.S. government its reasons for firing her — and “felt
comfortable admitting they’d fire employees for protesting invasions of privacy”, as she puts it —
accusing Apple of using her concerns over its approach to staff privacy as a pretext to terminate
her for reporting wider safety concerns and organizing with other employees about labor concerns.
The U.K.’s Information Commissioner’s Offie (ICO) and France’s CNIL both confirmed receipt
of Gjøvik’s privacy complaint against Apple. A spokesperson for the ICO told TechCrunch: “We
are aware of this matter and we will assess the information provided.” France’s CNIL also sent
confirmation that it’s looking at Gjøvik’s complaint.”) (live URL:
https://techcrunch.com/2022/04/11/gobbler-complaint-europe/)/
8. Attached hereto as Exhibit F is a true and correct copy of Gizmodo article: “Apple Wanted Her
Fired. It Settled on an Absurd Excuse The reasons for firing Ashley Gjøvik include tweeting a
photo of herself—taken by her own phone,” (“Gjøvik deleted the tweets as asked, but retained
counsel to respond to Apple. David L. Hecht, one of the nation’s leading patent litigators, sent the
company a letter on her behalf, dismantling Apple’s claims bit by bit. “While I understand that
Apple is not opposed to taking aggressive litigation postures (and indeed has a history of doing
so),” Hecht wrote, “I remind you of your ethical duties as an attorney regarding the assertion of
claims that have no basis in fact.” Hecht noted, for instance, that the emails shared publicly by
Gjøvik were neither labeled confidential nor contained anything “that could be considered secret
or otherwise proprietary. “The posted image of the email merely noted what was already known
to the public,” he said. “It is no secret that Apple has been scanning a wide range of human ears…
Hecht pointed to the fact that Apple’s vice president of product marketing, Greg Joswiak, had
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spoken publicly about scanning people’s ears: “We had done work with Stanford to 3D-scan
hundreds of different ears…”). Oct. 15 2021. [public URL: https://gizmodo.com/apple-wanted-
her-fired-it-settled-on-an-absurd-excuse-1847868789]
9. Attached hereto as Exhibit G is a true and correct copy of Inverse article, “Apple is leaning on
weak arguments to defend a senior engineer’s firing,” Oct. 15 2021, (“Now she’s also working
with the NLRB on a case alleging that Apple’s anti-leaking policies actually violate U.S. law. Gjøvik
alleges that an all-staff email from CEO Tim Cook stating that “people who leak confidential
information do not belong here” violated the National Labor Relations Act, Bloomberg reports
Gjøvik’s latest filings claim that several other policies in the company’s employee handbook —
like restrictions on talking to reporters and revealing compensation — illegally interfere with
workers’ rights. Gjøvik’s hope with all these legal proceedings is straightforward: to change what
she sees as a poor working environment at Apple. “Ultimately,” she told Bloomberg, “we’re never
going to see any systemic change at Apple without empowering the employees to feel comfortable
speaking out as they are legally protected to.”) [public URL:
https://www.inverse.com/input/culture/apple-is-leaning-on-weak-arguments-to-defend-a-
senior-engineers-firing]
10. Attached hereto as Exhibit H is a true and correct copy of Biometric Update article titled “Ex-
employee accuses Apple of training iPhone biometrics by violating staff privacy,” and published
around April 20 2022. (“The company invited its employees to participate in product testing, and
sometimes to have their biometrics collected, but Gjøvik says the testing and collection seemed to
be mandatory. She describes the use of Apple’s internal Gobbler app (later called Glimmer) to
upload personal data employees had collected to company servers, and directly claims that
employee data is the source of the billion images used to train Face ID.”) (live URL:
https://www.biometricupdate.com/202204/ex-employee-accuses-apple-of-training-iphone-
biometrics-by-violating-staff-privacy).
EXHIBITS — APPLE'S OWN PUBLIC DISCLOSURES
11. Attached hereto as Exhibit I is a true and correct copy of the peer-reviewed article: Mahalingaiah,
Shruthi et al. “Design and methods of the Apple Women's Health Study: a digital longitudinal
cohort study.” American journal of obstetrics and gynecology vol. 226,4 (2022): 545.e1-545.e29.
doi:10.1016/j.ajog.2021.09.041, authored by Apple-affiliated researchers, Apple employees, and
published in a peer-reviewed medical journal indexed in PubMed and other medical article
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databases. This detailed, 24-page article describes the methodology of Apple's ovulation and
menstruation studies (“The Apple Women’s Health Study was designed to gain a deeper understanding
of the relationship among menstrual cycles, health, and behavior.”), and the paper covers topics
including: “survey design,” “Apple research app platform,” “study population,” “Eligibility,
screening, and consent,” “Recruitment and marketing,” “Survey data,” “Monthly surveys and
timing,” “Research sensor and usage data,” “HealthKit data,” “Principal findings,” “Clinical
implications,” “Research implications,” and “Strengths and limitations.”. [live URL:
https://pubmed.ncbi.nlm.nih.gov/34610322/]
12. Attached hereto as Exhibit J is a true and correct printout of the ClinicalTrials.gov registration
for Apple's study, identifier NCT04196595, retrieved from https://clinicaltrials.gov. This is a
public federal government database maintained by the National Institutes of Health. The
“responsible party” is listed as Apple Inc and the study is “recruiting” participants. [live URL:
https://clinicaltrials.gov/study/NCT04196595]
13. Attached hereto as Exhibit K is a true and correct printout of Apple’s own website with a Sept. 10
2019 press release promoting “three groundbreaking health studies” including “Apple Women’s
Health Study: In partnership with Harvard T. H. Chan School of Public Health and the NIH’s
National Institute of Environmental Health Sciences (NIEHS), Apple has created the first long-
term study of this scale focused on menstrual cycles and gynecological conditions.” [live URL:
https://www.apple.com/newsroom/2019/09/apple-announces-three-groundbreaking-health-
studies/]
EXHIBITS — FEDERAL REGULATORY RECORDS
13. Attached hereto as Exhibit L is a true and correct copy of my public comment submitted to the
White House Office of Science and Technology Policy, docketed as OSTP_FRDOC_0001-0008.
My comment (tracking number ljh-mm9t-ux8w) was submitted as part of a public rulemaking
proceeding and is publicly accessible on regulations.gov. I also filed a copy of my OSTP complaint
to the Ninth Circuit docket on May 12 2025 at Dkt. 19.3 in Case No. 25-2028 and Apple would
have been served a copy of that filing. (“During my time at Apple, I was invited to employee user
studies looking to study me on topics ranging from my “eye movements,” “grip on an iPhone,”
“voice”, “blood pressure,” physical response to “yoga, swimming, and running,” to studying my
“menstruation” and “sleep.” Indeed, in April 2019 I was invited to a user study program to study
my sleep… The request for co-sleeper information also extended to requesting co-sleepers sign
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NDAs, and even participate in the study themselves – even if they are not an employee. Personally,
I didn’t want my employer to know who I was sleeping with and I stopped participating in that
study.” at p. 31). [live gov URL: https://www.federalregister.gov/documents/2023/05/03/2023-
09353/request-for-information-automated-worker-surveillance-and-management] [live URL of
copy of OSTP complaint:
https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/ostp_gjovik_comment_2023_filed
_opt.pdf].
14. Attached hereto Exhibit M as is a true and correct copy of the Government Accountability Office
Report GAO-24-107639, published August 28, 2024 and blog post published October 29, 2024,
which references my public comment OSTP_FRDOC_0001-0008 in its findings (regarding all of
the designations Apple claims are secret and confidential in the motion at Dkt. 294). The GAO
report is publicly available at gao.gov [live URL: https://www.gao.gov/assets/gao-24-107639.pdf]
and the blog post at [https://www.gao.gov/blog/why-do-i-feel-somebodys-watching-me-
workplace-surveillance-can-impact-more-just-productivity ]. I also published a blog post on my
website about this on Aug. 28 2024 titled “U.S. GAO Releases Report on Employer Digital
Surveillance, Referencing my Comments about Apple” [live URL:
https://www.ashleygjovik.com/blog/2024-us-gao-releases-report-on-employer-digital-
surveillance-referencing-my-comments-about-apple].
15. Attached hereto as Exhibit N is a true and correct copy of the NLRB National Settlement
Agreement, Case No. 32-CA-284428, dated April 3, 2025, previously filed in this litigation as Dkt.
194. This settlement was approved by the NLRB Regional Director and posted by Apple on its
internal intranet pursuant to Apple's compliance obligations under the agreement. This was filed
to Dkt. 203 on April 15 2025 in this case.
16. Attached hereto as Exhibit O is a true and correct copy of the filing confirmation for OHRP
Complaint No. 00709517, submitted March 11, 2026 to the Office for Human Research
Protections, U.S. Department of Health and Human Services, concerning Apple's federally
registered human subjects study NCT04196595.
17. Attached hereto as Exhibit P is a true and correct copy of my privacy invasion complaints to the
FTC (Report Number: 154835129) on April 1 2022 and docketed with a report number by FTC
around Dec. 30 2022.
18. Attached hereto as Exhibit Q is a true and correct copy of the complaints and communications
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 6
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 8 of 217
with German and French privacy compliance authorities regarding my complaints about Apple’s
“studies” and privacy-related labor law violations.
EXHIBITS — CORRESPONDENCE AND DESIGNATIONS
19. Attached hereto as Exhibit R is a true and correct copy of the email exchange between myself and
counsel for Defendant dated February 4, 2026, including my detailed challenge to Defendant's
deposition designations at issue in motion Dkt. 294 where I inform the Defendant I believe their
designations are literally illegal and if they do not withdraw them, I will file an NLRB charge about
it, which I did.
20. Attached hereto as Exhibit S is a true and correct copy of my blog post titled "Apple Claims It
Owns Its Employees' Cervical Mucus," published February 16, 2026, the same day I filed NLRB
Charge No. 32-CA-381277.
21. Attached hereto as Exhibit T is a true and correct copy of some or all of the social media posts in
question, published in Feb. of 2026.
ADDITIONAL FACTS
23. To my recollection, I never participated in Apple's ovulation study or menstruation study and I
declined Apple's requests to participate. The knowledge I possess regarding those studies derives
entirely from Apple's requests directed to me, my coworkers complaints, public statements and
marketing including by Apple itself, and from my workplace complaints about Apple’s requests.
24. I’ve been organizing with other Apple employees and contractors for years around Apple’s data
collection, studies, and concerns about invasion of privacy for both employees and the public.
Another Apple privacy whistleblower, Thomas , wrote a Declaration for this case in 2024 and it is
attached as Exhibit: Declaration of Thomas le Bonniec (25-2028, Dkt. 19-3, May 12 2025).
25. The content Apple designated as confidential (including the terms ovulation, cervical mucus,
mucus secretions, menstruation, co-sleepers, and sexual partners) describes my own bodily
experiences and my own workplace complaints. I possessed this knowledge before, during, and
independent of any discovery process in this litigation. The subject of my testimony was
complaining about invasion of privacy and exercising my own right to privacy/autonomy of my
own body and the bodies of my coworkers.
26. Apple never designated a single produced document as confidential under the Protective Order.
Apple confirmed this in writing on February 6, 2026. See Exhibit R.
27. Apple filed this motion on February 26, 2026, in defiance of Judge Westmore's February 20, 2026
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 9 of 217
oral order requiring the parties to complete meet-and-confer before filing any motion practice.
28. I am currently in bankruptcy, insolvent, have no medical insurance, have no long-term housing, am
living in a motel paid for by donations from the public, and am struggling to survive. Apple’s
barrage of motions, allegations, and unnecessary work meant that I was able to even sleep or
complete my basic day-to-day requirements while I dropped everything to deal with Apple’s latest
illegal outburst. I honestly believe what Apple is doing, has been doing, and indicates it plan to do
regarding this matter is extremely unlawful, contrary to public policy, and done with improper
objectives including anticompetitive conduct and a reckless disregard for the law.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true
and correct.
Executed on March 13, 2026, in San Jose, California.
Respectfully submitted,
/s/ Ashley M. Gjovik
Ashley Gjovik (Plaintiff/In Propria Persona)
Filed March 13 2026 in San José, California
(415) 964-6272
ashleymgjovik@protonmail.com
2108 N. St. Ste. 4553, Sacramento, CA 95816
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A. EXHIBIT A: The Verge
Article was filed on Dec. 25 2023 to Dkt. 35-12, at pp. 34-41 in this case’s docket.
The Verge: “Apple Cares about Privacy Unless You Work at Apple” (Aug. 30 2021).
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B. EXHIBIT B: Der Spiegel
Exhibit B:
DER SPIEGEL, “Apple lädt Mitarbeiter zu Datenparty – um Gesichter zu scannen,”
June 24 2022.
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 10
(27 of 67), Page 27 of 67 Case: 25-2028, 05/20/2025, DktEntry: 27.5, Page 27 of 67
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 12 of 217
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Forscher Wittke gibt sick dammit nicht zu- gangenen Sommer einen der gr6f3ten Daten- vier andere Apple-Beschéiftigte an einen
frieden. Kiinftig will er - gefijrdert durch das skandale in Apple-Reich aus. Denn sie ent- Klapptisch und erkléirte ihnen ihre Aufgabe:
Bundeswirtschaftsministerium - such Sepa- schloss sick, nicht Uber ihre Erkenntnisse zu Selfies machen.
ratorenfleisch anderer Tiere in Wurst aufspii- schweigen: Der Konzern nutt unbemerkt Sie unterschrieb eine digitale Einverstand-
ren, insbesondere berm Sch vein, dem meist- aufgenommene Fotos seiner Beschaftigten, niserkléirung, von der sie nie eine Kopie be-
verkauften Fleisch hierzulande. um seine Algorithmus zu trainieren. Gjovik kam. Dann babe jeder das nee, noch nicht
Ktinnte sin, class sick deutsche Wurst- wurde zur Whistleblowerin - it einer Mis- vertiffentlichte iPhone-Modell X erhalten,
fabrikanten bald an nesses Geschéiftsmodell sion, die inzwischen such nach Europa darauf installiert eine App, die damals noch
suchen mtissen. reicht. »Gobbler<< hied. Auf Deutsch »Verschlinger<<.
Claus Hecking, Anne Martin, Leonie Voss, Dass Datenschiitzer aus Deutschland viel- Erst spater anderte Apple den reamen in einen
Carolin Wahnbaeck leicht bald gegen den wertvollsten Techno- wenger drastischen: »Glimmer<<.
74 DER SPIEGEL Nr. /
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 13 of 217
WIRTSCHAFT
So hatter sie be Knapp 40 Grad in der »Alls Daten, die sure Einen Moffat nach der Parkplatzparty er-
briitenden Sonne gesessen und sick schwit- hielt Gjavik in iPhone X, auf de sie - in
zend selby fotografiert, berichtet Gjovik. Von Gesichter im Bild Apple-Sprech - >>leben<< sollte. Apple-Mit-
oben, von der Seite, it Sonnenbrille oder haben, sind guts Daten.<¢ arbeiter seien grundséitzlich angehalten, die
sine Grimasse schneidend. Die Kamera und Mail eines Studienleiters eigenen Produkte stéindig in Alltag zu tester,
mehrere Sensoren nahmen biometrische Bil- an Apple-Beschéftigte sagt Gjavik.
der auf, in denen Gesichter dreidimensional Zur Verbesserung der Gesichtserkennung
vermessen werden, um einen Nutzer such it fotografierte die Glimmer-App ihre Nutzer
gléinzender Stirn und in gleif$endem Sonnen- fiber Jahre permanent und automatisch, so-
licht zu erkennen. bald sie das Gerat in die Hand nahmen. »Alle
Zweck der Ubung: Die Apple-Mitarbeiter getan haben<<, schreibt Gjfavik in einer E-Mail Dater, die cure Gesichter im Bild haben, sind
sollten den Algorithmus hinter Face ID an den Bundesdatenschutzbeauftragten, die gut Daten<<, instruierte der Studienleiter die
fiittern. Das Feature, ein Telefon fiber sine de SPIEGEL vorliegt. Dieser hat den Fall Teilnehmer. Der Algorithmus set >>datenhung-
Gesichtserkennung zu entsperren, sollte an inzwischen seine bayerischen Kollegen wei- rig<<. Die Mitarbeiter sollten die Selfie-Rou-
poor Monate spater auf de nachsten iPhone- tergegeben, der zustéindig ist. Apples Deutsch- tine as Spiel sehen: Wer 100 Bilder pro Tag
Model] eingefiihrt werden. Heute it es von landzentrale sitzt in Miinchen - und forscht oder 2000 im Moffat hochlud, bekam einen
Apples Smartphones nicht mehr wegzu- her unter anderem an Bilderkennung und virtuellen Orden.
denken. Verbessert wind die Technion set Anwendungen we Face ID. Erode 2020 prahlte der Studienleiter in
Jahren such von Apple-Mitarbeitern we Laut der Arbeitsrechtlerin Annegret Bal- eire Blogbeitrag, Apple babe fiir den Start
Gjovikz unfreiwillig und it unbemerkt ge- zer k6nnte dadurch in DatenschutzverstofS von Face ID eine Milliarde Bilder gesammelt.
schossenen Bildern aus intimsten Alltags- vorliegen, Venn fotografierte Persons nicht Gjovik glaubt, Apple set einfach zu geizig
situationen. lm vergangenen August hate wussten, class sie aufgenommen wurden oder gewesen, ausschliel3lich eterne Probanden
die Whistleblowerin auf die Vorgange auf- durch das Abhéngigkeitsverhéiltnis zu ihrem fiir die Aufgabe zu bezahlen.
merksam gemacht, als sie in Video undjene Arbeitgeber nicht wirklich freiwillig mit- Rund vier Jahre lang fotografierte die App
Bilder twitterte, die die Glimmer-App auf- gemacht haben: Fehle sine informierte und sie in Halbschlaf oder auf der Toilette, selbst
genommen hatte. ausdriickliche Einwilligung der Benutzer fair Nacktbilder von igor seen gespeichert gewe-
Fair Apple it das mehr as peinlich. Keiner die Gesichtserkennung, >>ist eine Verarbeitung sen. Hunderte Bilder, schéitzt sie, babe die
der graf$en Technologiekonzerne hat sick SO kaum vorstellbar und wire dammit rechts- App pro Tag aufgenommen. Die, die Gjovik
sehr de Datenschutz verschrieben we der Wid1"ig<<. Offentlich teilen will, eigen, we zuféillig die
iPhone-Hersteller. Tim Cook, Apples sonst Auch sine Geldstrafe in MillOonenhijhe App SchnappschNsse ihres Privatlebens auf-
her sanftmiitiger Chef, attackiert regelma- wire damn m6glich. FUr einen Konzern it nahm: Mal in halber Kopf, mal it Maske,
Big Datenkraken we Meta oder Alphabet mehr as 200 Milliarden Dollar Cashreserven mal sieht man weir in igor Wohnzimmer hin-
und setzt sick germ demonstrativ von zwei- wire such das kaum an Problem. Doch in- ein. Dass Glimmer such Freunde, Geschwis-
felhaften Praktiken der Branche ab: Mit frage steht, ob Apple our damn das Hohelied ter oder Wildfremde fotografiert, die de nie
strengeren Privatsphare-Regeln auf Apple- der Privatsphare predigt, Venn es seiner Kon- zugestimmt haben, set kaum zu verhindern,
Geraten hat Cook fast eigenhandig Metas kurrenten schadet. sagt Gjelvik.
Wachstum abgewtirgt, idem or den Hun- Wie heikel der Einsatz von Glimmer Sie babe aus der Studie our noch rausge-
derten Millionen iPhone- und iPad-Nutze- auf$erhalb der USA is, scheint Apple durch- wollt, sick aber nicht getraut zu fragen.
rinnen und -Nutzern in vergangenen Jahr aus bewusst zu sin: lm August 2017 schrieb »Apples Kultur der Geheimnistuerei sickert
die MOglichkeit gab zu untersagen, class an- der Leiter der Studie in einer Mail an Teil- tier ins Bewusstsein in. Du hast Angst, selby
dere Anbieter igor Verhalten zu Werbezwe- nehmer, class Mitarbeiter aus Frankreich und it Beh6rden Uber offensichtliches Fehlver-
cken nachverfolgen. Meta, das zu der Zeit Deutschland ausgeschlossen seien. Eine sol- halten zu reden.<<
noch Facebook hief3, warnte seine Investoren che Nutzerstudie wiirde nach dortiger Rechts- Wie wichtig es Apple war, das Programm
or mOglichen negative Folgen fair das Ge- lage immer as Zwang interpretiert, erklarte geheim zu halter, lernte Gjfavik, nachdem sie
schéift, und tatsachlich brach die Aktie we nig er spéiter in eire Linkedln-Post. die umstrittenen Glimmer-Aufnahmen ver-
spater ein. éffentlicht hatte. Einige Wochen spéiter erhielt
Cook gibt sick stets, als ginge es ihm um sie in Schreiben eines von Apple beauftrag-
HOheres und as set in seine eigenen Kon- ten Anwalts, der sie aufforderte, die Tweets
zern alles anders: >>Wenn wir anfangen, us zu léschen.
permanent iiberwacht zu fiihlen, verandert lm September feuerte Apple sie nach
sick unset Verhalten<<, sagte er neulich auf sechseinhalb Jahren in Unternehmen. Gjfavik
einer Konferenz des >>Time<<-Magazins. »Wir babe it der Veréffentlichung der Bilder ihre
anger an, weniger zu tun. Weniger nachzu-
denken.<< LH Vertraulichkeitsverpflichtung gebrochen, ar-
gumentierten Apples Anwéilte in Méirz in
Gjravik will jetzt offenlegen, class das AL¢J All einer Stellungnahme an das Whistleblower-
Unternehmen nicht our seine Versprechen Programm des US-Arbeitsministeriums. Sie
bricht, sondern méglicherweise such gelten-
des Recent. Sie hat gerade igor Jura-Examen
bestanden und arbeitet inzwischen bei einer
1 liegt de SPIEGEL vor. Gjoviks Anwalt hilt
dagegen, Apple hate kein Urheberrecht an
Bildern von Gjelvik.
Nichtregierungsorganisation, die gegen Zen- e Gegen ihre Kiindigung kéimpft sie nun or
sur in China kéimpft. Fertile is sie it Apple IE de rationale Arb eitsschutzgremium NLRB.
|"--.
LD
aber noch nicht. Wegen der Verletzung ihrer 81) Auch die Bérsenaufsicht SEC interessiert sick
Privatsphére ist sie mit Kaliforniens Daten- 18
(A
nach SpIEGEL-Informationen dafiir, ob Apple
3
schutzbehérde in Kontakt, deutsche Beh6r- eine Whistleblowerin kaltstellen volte.
3
den sind ebenfalls eingeschaltet. IE Solche Verfahren ziehen sick oft large him.
l
»Was Apple mir angetan hat, kénnten sie LDt Nur eine Trennung ging gan schnell: Gjavik
such deutschen Mitarbeitern (und ihren Fa- 3 hat jetzt in Android-Smartphone.
milien und Freunden) antun oder schon an- la Patrick Berth, Alexander Demling
Nr. / DER SPIEGEL 75
(29 of 67), Page 29 of 67 Case: 25-2028 Q5/20/2025, DktEntrby: 27.5, Page 29 of 67
3/13/23, 3:42 PM Case 3:23-cv-04597-EMC Document
Apple ladt Mltarbelter zu 307-1
Daten-Party, mFiled 03/13/26
Geslchter zu sc nnen DERPage 14 of 217
SPIEGEL
O ® E EB Io
-
Startseite > Netzwelt > Gadgets > Apple > Apple Iédt Mitarbeiterzu Dater-party, um Gesichterzu scanner
Foto: Brooks Kraft/ Apple Inc.
»20 Minuten in sozialer Umgebungu
B+
Apple lady Mitarbeiter zu
Datenparty - um Gesichter zu scanner
Whistleblowerin Ashley Gjovik bring Apple in Bedréngnis: Sie
hat aufgedeckt, wie der Konzern Fotos von Beschéftigten
sammelte, um die Gesichtserkennung im i phone zu trainieren.
Sie schaltete such deutsche Beh6rden an.
Von Alexander Demling und Patrick Beuth
24.06.2022, 14.51 Uhr • aus DER SPIEGEL 26/2022
/\
Artikel zum H6ren 10 Min
m Einen Moffat fir 1 Euro Testen >
FUr our 1 Euro erhalten Sie einen Moffat Zugriff auf alls Artikel und eden
https://www.spiegel.de/netzwelt/gadgets/apple-laedt-mitarbeiter-zu-daten-party-um-gesichter-zwscannen-a-54c4a2da-0f39-48be-9762- 1 bda39fcca8e ?giftToken=eaa... 1/11
(30 of 67), PageAI30 of 67
Translationq5§ ée §l2028= 05/20/2025, DktEntry: 27.5, Page 30 of 67
ECONOMY
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 15 of 217by DeepL
AI Translation
Companies could face a fine of up to
50,000 euros.
And: "If the companies do not change their
behavior, they are acting intentionally."
Even prosecution for fraud with
significantly higher fines is then possible.
All producers of the sausages that tested
positive deny the use of se- parator meat. A
company spokesman for a TOn fies
subsidiary questions the testing method used
by the Bremerhaven University of Applied
Sciences: The markers indicated by the
laboratory are not evidence of mechanically
recovered meat, he writes. "We use
processed meat from young poultry in the
products mentioned. This may also contain a
small proportion of cartilage cells."
One argument against this is that the
method does not respond at all to a small
proportion of the cartilage marker collagen
II alpha I.
A law finn commissioned by Wiesenhof
sent affidavits from the managing directors
of the factories concerned stating that they
did not use mechanically recovered meat,
which could also be proven by the regular
checks they carried out themselves on the
basis of officially recognized histological
examinations and by checking the calcium
content.
iPhone is watching you
Wittke's method is "certainly a new
scientific approach which has not yet
been used in practice" and is not yet TECH concERns Whistleblower Ashley Gjovik has revealed that Apple
officially recognized, the law firm writes. uses secretly taken photos of its employees to
Collagens are also found in other parts of to train facial recognition on i Phones. Now it wants to follow up.
the body, in particular the eyes.
Furthermore, the process has so far only
been developed for chicken meat and not The world's largest logistics group has to
for turkey meat, the main component of the
Wiesenhof sausage. T he e-mail immediately struck Ashley
§,%vik as peculiar: On an August day
years ago, the Apple project manager
In fact, all products that tested positive received an invitation to a "Data Collection
do with Gjgvik.
The 35-year-old tells her story on a park
bench in Santa Clara in Silicon Valley, a few
also contain chicken. And according to a Social Hour". The party was to take place miles from Cupertino. Gjovik no longer
study by the University of Lyon, tendons do opposite Apple's UFO-like headquarters in works at Apple, the iPhone company fired
contain collagens - but not the specific Cupertino, California. her last September in a dispute over the
protein collagen type II alpha l, which is Her colleague from the user studies snooping app. Gjovik had revealed too
the target of the laboratory tests. team promised drinks, music and much for Apple's taste. The company
Inspection authorities are certainly declined to comment on the allegations
impressed by the new testing method, "20 minutes of data collection in a social
environment". Only permanent employees when asked.
which could soon become more widespread who were "not sensitive to light" were Gjovik remembers the data collection
and provide new insights. "The method is allowed to take part, according to his campaign from back then as follows:
very forward-looking for us," says Matthias email. The event didn't really feel instead of a party, there was a parking lot
Denker, Head of Department at the State voluntary, Gjovik says today. She went with two rows of black-clad steel fences,
Office for Food Safety in Mecklenburg- because it was expected. Her bosses often three meters high. The place was guarded
Westem Pomerania. The necessary by security guards and cameras. At the bar,
equipment is available in official putWhat pressure on her to be a team player.
Gjovik experienced back then a disgruntled employee in a Hawaiian shin
laboratories, food inspectors could well use triggered one of the biggest data scandals in served Gjovik and four other Apple
the method in their day-to-day testing. the Apple empire last summer. She decided employees at a folding table and explained
Researcher Wittke is not satisfied with not to keep quiet about her findings: The their task: to take selfies.
this. In the future - with funding from the company uses unnoticed photos of its She signed a digital declaration of
Federal Ministry of Economics - he also employees to train its algorithm. Gjovik consent, of which she never received a
wants to detect cuttlefish meat from other became a whistleblower - with a mission copy. Then everyone received the new, as
animals in sausages, especially pork, the that has since spread to Europe. yet unreleased iPhone model X, with an app
most commonly sold meat in this country. The fact that data protectionists from installed on it, which at the time was still in
It could be that German sausage Germany may soon be fighting the most its infancy.
manufacturers will soon have to look for a valuable tech was called "Gobbler". In German
new business model. "Verschlinger". It was only later that Apple
Claus Heckin ,Anne Martin, Leonie Voss, changed the name to something less drastic:
Carolin Wahnbaeck "Glimmer".
74 DER SPIEGEL No. /
(31 of 67), Page 31 ofby
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 16 of 217 ECONOMY
Gjfavik reports that they sat in the "All data containing your One month after the parking lot party,
sweltering sun at almost 40 degrees and Gjovik received an iPhone X, which she
photographed themselves sweating. From faces in the image was supposed to "live on" - in Apple
above, from the side, wearing sunglasses or are good data." parlance. Apple employees are always
grimacing. The camera and several sensors encouraged to test their own products in
recorded biometric images in which faces Mail from a study director everyday life, says Gjovik.
to Apple employees
are measured three-dimensionally in order to To improve facial recognition, the
recognize a user even with a shiny forehead Glimmer app continuously and
and in glaring sunlight. automatically photographed its users for
Purpose of the exercise: Apple years as soon as they picked up the device.
employees were to feed the algorithm have done," writes Gjovik in an email to the "Any data that has your faces in the picture
behind Face ID. The feature of unlocking a Federal Data Protection Commissioner, is good data," the head of the study
phone using facial recognition was to be which is available to SPIEGEL. He has since instructed the participants. The algorithm is
introduced a few months later on the next passed the case on to his Bavarian colleague, "data-hungry". The employees should see the
iPhone model. Today, Apple's smartphones who is responsible. Apple's German selie route as a game: Those who uploaded
would be unthinkable without it. Apple headquarters are based in Munich - where 100 pictures per day or 2000 per month
employees such as Gjovik have also been they conduct research into image received a virtual medal.
improving the technology for years: recognition and applications such as Face At the end of 2020, the head of the study
involuntarily and with pictures taken ID, among other things. boasted in a blog post that Apple had
unnoticed in the most intimate everyday According to employment law expert collected one billion images for the launch of
situations. Last August, the whistleblower Annegret Balzer, this could constitute a Face ID. Gjovik believes that Apple was
drew attention to what was happening when breach of data protection law if the people simply too stingy to pay only external test
she tweeted a video and the images taken by photographed did not know that they were subjects for the task.
the Glimmer app. being recorded or did not really participate For around four years, the app
This is more than embarrassing for Apple. voluntarily due to their relationship of photographed her when she was half asleep
None of the major technology companies is dependence on their employer: If users did or on the toilet, and even nude pictures of
as committed to data protection as the not give their informed and explicit consent her were stored. She estimates that the app
iPhone manufacturer. Tim Cook, Apple's for facial recognition, "processing is hardly took hundreds of pictures a day. The ones
otherwise rather mild-mannered boss, conceivable and would therefore be that Gjfavik wants to share publicly show
regularly attacks data giants such as Meta or unlawful". how randomly the app took snapshots of her
Alphabet and likes to demonstratively A fine in the millions would then also be private life: sometimes half a head,
distance himself from the industry's two- possible. For a company with more than 200 sometimes with a mask, sometimes you can
faced practices: With stricter privacy rules billion dollars in cash reserves, this would see far into her living room. The fact that
on Apple devices, Cook almost single- hardly be a problem. But the question is Glimmer also photographs friends, siblings
handedly stifled Meta's growth by allowing whether Apple only preaches the song of or complete strangers who have never
the hundreds of millions of iPhone and iPod privacy when it harms its competitors. consented to this can hardly be prevented,
users last year to prohibit other providers Apple seems to be fully aware of how says Gjlavik.
from tracking their behavior for advertising sensitive the use of mica is outside the She just wanted to get out of the study,
purposes. Meta, which was still called USA: In August 2017, the head of the but didn't dare to ask.
Facebook at the time, warned its investors study wrote in an email to participants that "Apple's culture of secrecy seeps deep into
of possible negative consequences for the employees from France and Germany were your consciousness. You're afraid to even talk
business, and the share price did indeed excluded. Such a user study would always to the authorities about obvious
collapse shortly afterwards. be interpreted as coercion under local law, misconduct."
Cook always acts as if he is concerned he later explained in a Linkedln post. Gjovik learned how important it was for
with something higher and as if everything Apple to keep the program secret after she
is different in his own company: "When we published the controversial Glimmer
start to feel constantly monitored, our recordings. A few weeks later, she received a
behavior changes," he recently said at a letter from a lawyer hired by Apple asking
Time magazine conference. "We start to do her to delete the tweets.
less. To think less." In September, Apple fired her after six
Gjovik now wants to reveal that the and a half years with the company. Gjovik
company is not only breaking its promises, had breached her confidentiality obligation
but possibly also the law. She has just by publishing the images, Apple's lawyers
passed her law exams and now works for a argued in a statement to the US Department
1.) 4.1
It I
non-governmental organization that fights of Labor's whistleblower program in March.
against censorship in China. But she is not It is available to SPIEGEL. Gjovik's lawyer,
finished with Apple yet. She is in contact r"4- on the other hand, argues that Apple holds
1
with California's data protection authority no copyright to Gjovik's images.
about the violation of her privacy, and She is now fighting her dismissal before
German authorities are also involved.
"What Apple did to me, they could do to
German employees (and their families and
D kg the National Labor Relations Board (NLRB).
L According to SPIEGEL, the SEC is also interested
§= in whether Apple wanted to shut down a
E
friends) or have already done to them. :s whistleblower.
m
3
(is Such proceedings often take a long time.
E
182
Only one separation went very quickly:
l£ Gjovik now has an Android Smartphone.
8 Patrick Beuth, Alexander Demling
No. I DER SPIEGEL 75
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 17 of 217
C. EXHIBIT C: Telerama
Exhibit “Ashley Gjøvik, lanceuse d’alerte licenciée par Apple, seule contre tous,”
published by Telerama, a French publication, on or about March 14 2023
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 11
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3/14/23, 11:35 AMCase 3:23-cv-04597-EMC Ashley Gjclvlk,
Document 307-1
lanceuse d alerts Filed 03/13/26
cenclee parAp Page
e, seule centre tons18 of 217
Accueil Débats & Reportages
Ashley Gjavik, Ianceuse d'alerte
Iicenciée par Apple, seule centre tons
La faute de cette salariée, Iicenciée en 2021 : avoir révélé que la firme
californienne transform ses employés en cobayes. All art jusqu'é les traquer
dans leur intimite.
Photo Pascal Perich pour Télérama
Par Olivier Tesquet
https://www.telerama.fr/debats-reportages/ashley-gjovik-Ianceuse-d-alerte-Iicenciee-par-apple-seule-contre-tous-7014661 .php 1/7
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Document 307-1
lanceuse d alerts Filed 03/13/26
cenclee parAp Page
e, seule centre tons19 of 217
Réservé aux abonnés
Publié Ie14 mars 2023 é 06:00 Mis é jour Ie 14 mars 2023 é 15:39
espect de la vie privée, c'esz' go /'iPhone », clairon ne one récente
réclame d'Apple. De longue date, la marquee la pomme a construit
(( I sa reputation sur one promise : ses appareils au design impeccable
sort des doudous qui ne mouchardent pas, ceux qui les utilisent peuvent dormir
sur leurs deux oreilles. C'est beaucoup mains vrai pour les salaries de
l'entreprise.
Demandez é Ashley Gjravik. Responsable du programme d'ingénierie, cette
Américaine de 36 ans a été brutalement licenciée en septembre 2021. Sa faute ?
Avoir révélé que, pour améliorer les fonctionnalites de ses produits, la firme de
Cupertino n'hésite pas é transformer ses équipes en cobayes, sou mis é one
surveillance invasive et astreints au secret comme s'ils travaillaient pour un
service de renseignement. A l'aide de centaines de documents confidentiels
recoup's par de multiples temoignages, To/érama pert raconter one culture
d'entreprise oU je silence est one valeur cardinale et l'intimidation, one pratique
déployée au plus haut niven. Sollicitée, Apple s'est refusee a tout commentate.
Je subs devenue révolutionnaire
quand j'ai compris qu'ils se
fichaient de savor que nous
pouvions mourner.
L'histoire de Gjravik commence comme un remake d'Erin Brockovich, cette
lanceuse d'alerte immortalisée au cinema par Julia Roberts. Début 2020, en
emménageant8 Santa Clara, au Coeur de la Silicon Valley, so sauté se degrade.
Vertiges, palpitations, saignements, vomissements... Elle s'inquiete, consulte des
cohortes de médecins et init par découvrir que son logement est construit sur
un terrain rongé par les déchets toxiques. lls sort particulierement envahissants
dans cette pantie de la Californie : pendant des décennies, la production massive
de semi-conducteurs a pollux les sols, charges de solvents cancérigéznes qui
remontent a la surface au fil des ans. Sur son lieu de travail tout procure, au
campus d'Apple, 8 Sunnyvale, la jeune femme resident des symptOmes similaires.
Elle avise sa hiérarchie, réclame des tests.
Son insistence agace 1 son employeur init par lui if timer de ne plus évoquer Ie
probléme avec ses collogues. Elle prévient l'agence americaine de protection de
l'environnement. En 2021, sur la menagerie Slack, dans un canal créé par des
https://www.telerama.fr/debats-reportages/ashley-gjovik-Ianceuse-d-alerte-Iicenciee-par-apple-seule-contre-tous-7014661 .php 2/7
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2ééaB.\ap8es39eofn97t0us
salaries au moment 00 Ie mouvement #MeToo percute Apple, elle méche de
mains en mains ses mots et rassemble les coleres. Au premier rang desquelles Ie
sort que Ie temple du cool technologique reserve é ses ouailles. <(Je subs
devenue révolutionnaire qua/7dj'ai compris qu'ils se fichaient de savor que nous
pouvions mourner », se souvient-elle.
Je n'ai jamaica réussi é vraiment
m'intégrer, ga m'a facility la
téche au moment de tout brIer.
Gjfavik n'est pas un produit des elites technologiques californiennes, qui n'ont
qu'8 traverser la rue depuis Ie campus de Stanford pour rejoindre one
multi rationale off rant salaires é six chiffres et bonus confortables. Elle a vécu
of one enfance de merde » dans one femme en periphérie de Portland, dans
l'Oregon pluvieux. Elle travaille das 14 ans, manifeste centre la guerre en Irak é 16
et coupe les ports avec sa famille 8 20.
Apr's avoir débuté chez Nike (of Jessayais de ne pas penser au travail des
enfants »), elle atterrit un per par hasard chez Apple en 2015, fauchée et
endettée. of Jai commence a travailler dans /a technologic parce quej'a vats
besoin de comprendre /es systemes complexes », exp liq ue-t-elle d'une voix de
mitraillette rigolarde, son chien Captain sur les genoux. Elle se tue é la t8che,
soixante-dix heures par semaine pendant cinq ans. Elle prend du galen, mais pas
je pli de la culture locale, qui, souvenir, ressemble 8 one experimentation sociale
en milieu clos : << Je naijamais reussi a vraiment m'intégrer, ga ma fact/ite /a
tackle au moment de tout brL7len »
GoOtant per ce vent de rebellion, Apple decide de la mettle au repos force en
soOt 2021, invoquant one enquéte interne Iancée sur la base de ses accusations.
Pas refroidie, Gjmvik saisit l'agence fédérale chargée de faire respecter Ie droit du
travail. Fin aoiit, elle dévoile sur Twitter l'existence d'un programme clandestine,
Gobbler (plus tard rebaptism Glimmer). Déploye en 2017 aupres des salaries, cet
outing interne a accompagné je lancement de Face ID, la fonctionnalité de
reconnaissance faciale d'Apple, qui pelmet de déverrouiller son telephone avec
son visage. Dans un e-mail envoys je 3 goUt 2017, et que nous avons pu consulter,
un ingénieur de l'equipe video explique les glandes lines 1 pour entrainer
l'algorithme, it taut je nourrir. Une fois active, Gobbler prend one photo das qu'il
détecte un visage. C'est un ceil qui ne cline jamaica. << En matiére de données,
nous en voulons plus », ajoute l'ingénieur gourmand.
A lire aussi :
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e, seule centre tons21 of 217
De "The Social Network" 8 "Super Pumped", dix films et series qui dégomment la
Silicon Valley
Dans un autre document, Apple precise quelques regales. L'application ne pert
pas étre utilisée en France ou en Allemagne (elle y sera it illégale du fait des
réglementations locales) et les salaries sort pries de ne pas télécharger de
clichés immortalisés dans des lieux inti mes. Gjravik est récalcitrante, mais pour
attacher je consentement de ses cobayes, l'employeur salt ruser. Un jour d'éte,
elle est invitee a un of apéro de collects de données » d'une vingtaine de minutes,
sans plus de precisions. Interdiction d'en parter sans obtenir je feu vent du
service juridique. Une fois sur place, a deux pas du siege historique de la société,
elle decouvre << ce qui ressemble a un comp/exe miiitaire » protége par des
gardes. II taut donner son telephone, passer one porte, la referrer, en ouvrir one
autre, et penetrer quatre par quatre dans un espace cylindrique en plan canard
pour se faire timer je portrait. Un vrai trombinoscope compose par la force, dent
l'objectif est d'améliorer l'intelligence artificielle
Ouelques jours aprés ses premieres révélations, Ie 9 septembre, Apple la license
et la convoque dans l'heure, invoquant one violation de la propriété intellectuelle
de l'entreprise. Elle se retrouve dans Ie viseur de la of Worldwide Loyalty Team »,
des investigateurs maison qui Ont souvenir fait carriere dans la police ou les
services secrets. Par Ie passé, ces prives n'ont pas hesite é penétrer dans des
domiciles air de retrouver un prototype d'iPhone égaré. En 2017, Apple s'est
mime vantage d'avoir fait arrester douze salaries trap bavards. On ne badine pas
avec les secrets industriels de la premiere capitalisation boursiere de la planete.
Dans un courtier transmis au Department du travail je 4 mars 2022, les avocets
d'Apple justifient je licenciement d'Ashley Gjovik : of Elle a choisi de divulguer des
informations qu Elle était tenue de garden confidentielles. » Gobbler n'y est
jamaica norm, la société se bornant 8 évoquer << /etude » sous je nom de code
Omega.
Au fil des ans, Apple a multiplie les experimentations de ce type, enregistrant et
stockant routes sortes d'informations inti mes et biométriques sur ses salariés-
testeurs 1 scan des conduits auditifs pour optimiser l'ergonomie des AirPods (les
designers s'enorgueillissant de posséder of Tune des plus larges bibliothéques
dbrei/les de /a p/anéte »), mesure du sommeil, precision artérielle et mime
surveillance du cycle menstruel. Sous convert d'anonymat, one ex-salariée a
accepts de nous transmettre les photos d'un kit propose par Apple en 2019 en
échange d'un bon d'achat de 10 dollars, air de mesurer la quality des glaires
cervicales de son uterus. lnquiézte des consequences d'un refus, elle a accepts
de se préteré l'exercice, qui la haute encore.
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Vous ne devez avoir aucune
attente en matiére de vie privée
lorsque yous utilisez vos
apparels personnels ou ceux de
quelqu'un d'autre é des fins
professionnelles. Apple
Si Ie grant de la tech n'hésite pas é coloniser Ie corps de ses collaborateurs,
ceux-ci sort prims de ne pas moufter. La politique interne d'Apple, elle aussi
confidentielle, annonce la couleur: of Vous ne devezavoir aucune attente en
matiére de vie privée lorsque VOUS utiiisez VOS apparel/s personnels OU ceux de
quelqu'un deutre 8 des fins pro fessionnelles, lorsque VOUS utilisez /es sys témes
ou /es réseaux d$4lpple, ou /orsque VOUS VOUS trouvez dans /es /ocaux d$4lpp/e. »
Mais go pourrait ne pas durer. Fin janvier, je gendarme du droit du travail a estimé
que la politique d'omerta de l'entreprise violait la lot, ouvrant la vote 8 un proces.
Est notamment visa un memo intimidant envoys par je grand patron, Tim Cook,
one semaine apres je licenciement de la lanceuse d'alerte. << Nous savors que /es
hauteurs de fuites constituent un petit hombre de person's, écrivait-il. Nous
so wons aga/ement que /es person's qui divu/guent des informations
con tiden tielles n but pas leur place ici. »
A lire aussi :
"Les désobéissants" sur France.tv : 10 récits de combats citoyens pour faire éclater la
vérité
Pour l'avocat Seth Goldstein, qui a récemment aids les travailleurs d'Amazon é
combattre les pratiques antisyndicales de Jeff Bezos, c'est un signal important :
of Les revelations d$4shley mettent en lumiere je pile de /a culture den treprise
dans /a Silicon Valley Jai bon espoir que son cas permette de faire booger /es
choses, car /es gens nbnt plus confidence en ces sociétés. » La lanceuse d'alerte,
elle, n'est pas pres de rendre les armes, mime si je combat l'a éprouvée. " J a i
parfois /'impression d'avoirperdu man identity, etje n'aijamais été Gussi procure
du suicide depuis /adolescence », explique-t-elle au bord des larmes, en ajoutant
qu'elle a trouvé du réconfort dans un livre sur les blessures morales des GI de
retour de guerre. Début février, elle a eu rendez-vous avec des enquéteurs de la
Securities and Exchange Commission, l'autorité des march's financiers
américains. Dans la plainte qu'elle a adressée 8 one douzaine d'autorités
judiciaires ou de protection de la vie privée, elle annonce avec one pointe
d'humour sa future reconversion en droit international public, droits humans et
of mega-corporations dystopiques ».
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whistleblower Filed 03/13/26
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ne against all odds23 of 217
AI Translation by DeepL
Home Debates & Reports
Ashley Gjevik, whistleblower fired
by Apple, alone against all odds
The fault of this employee, who will be dismissed in 2021: she revealed
that the Californian firm turns its employees into guinea pigs. Even stalking
them in their private lives.
Photo Pascal Perich pour Télérama
By Olivier Tesquet
https://www.telerama.fr/debats-reportages/ashley-gjovik-Ianceuse-d-alerte-Iicenciee-par-apple-seule-contre-tous-
7014661.php
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Case D e e p L
AI T ra nsla tion 3:23-cv-04597-EMC S ey JQVIDocument 307-1
I W IS e over I eFiled 03/13/26
y pp e, a Page
ne agalns a 24 of 217
o S
Reserved for subscribers
Published on March 14, 2023 at 06:00 Updated on March 14, 2023 at 15:39
aspect for privacy, that's the iPhone, "trumpets a recent Apple
II advert. The Apple brand has long built its reputation on one
promise: its impeccably-designed devices.
are soft toys that don't snitch, so those who use them can rest easy. This is
much less true for company employees.
Just ask Ashley Gjovik. Head of the engineering program, this 36-year-old
American was brutally fired in September 2021. Her fault? Revealing that, in
order to improve the functionalities of its products, the Cupertino firm does
not hesitate to turn its teams into guinea pigs, subjected to invasive
surveillance and sworn to secrecy as if they were working for an
intelligence service. With the help of hundreds of confidential documents
cross-checked by multiple testimonies, Télérama can tell the story of a
corporate culture where silence is a cardinal value and intimidation a
practice deployed at the highest level. When contacted, Apple refused to
comment.
I became a revolutionary when
I realized that they didn't care
if we died.
Gjovik's story begins like a remake of Erin Brockovich, the whistleblower
immortalized in film by Julia Roberts. In early 2020, when she moves to
Santa Clara, in the heart of Silicon Valley, her health takes a turn for the
worse. Vertigo, palpitations, bleeding, vomiting... She becomes worried,
consults cohorts of doctors and ends up discovering that her home is
built on land eaten away by toxic waste. Toxic waste is particularly
pervasive in this part of California: for decades, the massive production of
semiconductors has polluted the soil with carcinogenic solvents, which
have surfaced over the years. At her nearby workplace, the Apple campus
in Sunnyvale, the young woman experienced similar symptoms. She notified her
superiors and requested tests.
Her insistence annoyed her employer, who finally told her not to raise the
issue with her colleagues. She notifies the U.S. Environmental Protection
Agency. In 2021, on the messaging service Slack, in a channel created by
https://www.telerama.fr/debats-reportages/ashley-gjovik-Ianceuse-d-alerte-Iicenciee-par-apple-seule-contre-tous-
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AI TranslationCaseDeep L
3:23-cv-04597-EMC S ey JQVI
Document 307-1
,w IS e over jeFiled 03/13/26
y pp e, a Page
ne agalns a 25 of 217
o S
salaried employees at a time when the #MeToo movement is hitting Apple,
she's mincing her words less and less and gathering anger. Foremost among
these is the fate that the temple of technological cool reserves for its flock. "l
became a revolutionary when I realized that they didn't care if we died, " she
recalls.
I never really managed to fit
in, which made it easier for me
when it came time to burn the
place down.
Gjlavik is not a product of California's tech elites, who only have to cross
the street from the Stanford campus to join a multinational offering six-
figure salaries and comfortable bonuses. She has lived
She had a "shitty childhood"on a farm on the outskirts of Portland, in rainy
Oregon. She worked from the age of 14, protested against the war in Iraq at 16
and cut ties with her family at 20.
After starting out at Nike ("l was trying not to think about child labor'Q, she
landed somewhat by chance at Apple in 2015, broke and in debt. "l started
working in technology because I needed to understand complex systems, "
she explains in a laughing machine-gun voice, her dog Captain on her lap.
She worked herself to the bone, seventy hours a week for five years. She grew
in stature, but not in the local culture, which often resembled a social
experiment in a closed environment: "l never really managed to fit in, which
made it easier for me when it came time to burn the place down.
Tasting little of this wind of rebellion, Apple decided to put her on forced
rest in August 2021, citing an internal investigation launched on the basis of
her accusations. Undaunted, Gjovik took her case to the federal agency
responsible for enforcing labor law. At the end of August, she revealed on
Twitter the existence of a clandestine program, Gobbler (later renamed
Glimmer). Deployed to employees in 2017, this internal tool accompanied
the launch of Face ID, Apple's facial recognition feature, which allows you
to unlock your phone with your face. In an e-mail sent on August 3, 2017, and
which we were able to consult, an engineer from the video team explains the
broad outlines: to train the algorithm, you have to feed it. Once activated,
Gobbler takes a photo as soon as it detects a face. It's an eye that never
blinks. "When it comes to data, we want more, " adds the greedy engineer.
_ 'I
£4 Read also:
https://www.telerama.fr/de s-reportages/ashley-gjovik-Ianceuse-d-alerte-Iicenciee-par-apple-seule-contre-tous-
7014661.php
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AI Tr3rlSI3tl0n 3:23-cv-04597-EMC Ashley Gjravik,
by DeepL Document 307-1 fl ed
whistleblower Filed 03/13/26
by Apple, al Page
ne against all odds26 of 217
From "The Social Network" to "Super Pumped", ten films and series that put
I Silicon Valley to shame
In another document, Apple specifies a few rules. The application cannot
be used in France or Germany (it would be illegal there due to local
regulations), and employees are asked not to download snapshots taken in
intimate places. Gjlavik is recalcitrant, but to obtain the consent of her
guinea pigs, the employer knows how to trick them. One summer day, she is
invited to a 20-minute "data collection aperitif", with no further details. She
was forbidden to talk about it without a green light from the legal
department. Once on site, a stone's throw from the company's historic
headquarters, she discovers "what looks like a military complex" protected
by guards. You have to hand over your phone, pass through a door, close it
again, open another, and enter four by four into a cylindrical space in the
middle of a hot summer to have your portrait taken. A real trombinoscope
composed by force, with the aim of improving artificial intelligence.
A few days after her first revelations, on September 9, Apple fired her and
summoned her within the hour, citing a violation of the company's intellectual
property. She found herself in the crosshairs of the Worldwide Loyalty Team,
in-house investigators who often had careers in the police or secret
services. In the past, these privates have not hesitated to enter homes in
order to track down a misplaced iPhone prototype. In 2017, Apple even
boasted of having twelve overly talkative employees arrested. be trifled
withThe industrial secrets of the world's largest market capitalization are not
to . In a letter sent to the Department of Labor on March 4, 2022, Apple's
lawyers justify Ashley Gjovik's dismissal: "She chose to disclose information
that she was required to keep confidential. " Gobbler is never named, the
company merely referring to "the study" under the code name Omega.
Over the years, Apple has multiplied experiments of this kind, recording and
storing all kinds of intimate and biometric information on its employee-
testers: ear canal scans to optimize AirPods ergonomics (the designers
boast "one of the largest ear libraries on the planet"), sleep
measurements, blood pressure and even menstrual cycle monitoring. On
condition of anonymity, a former employee agreed to send us photos of a
kit offered by Apple in 2019 in exchange fore $10 voucher, to measure the
quality of cervical mucus in her uterus. Worried about the consequences of
refusal, she agreed to take part in the exercise, which still haunts her.
https://www.telerama.fr/debats-reportages/ashley-gjovik-Ianceuse-d-alerte-Iicenciee-par-apple-seule-contre-tous-
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AI TranslationCase 3:23-cv-04597-EMC
by DeepL ase Document
Ashley Gjxavlk, 307-1 fl ed
whistleblower Filed 03/13/26
by Apple, al Page
ne against all odds27 of 217
You should have no
expectation of privacy when
using your personal devices or
someone else's for business
purposes. Apple
If the tech giant doesn't hesitate to colonize the bodies of its employees,
the latter are asked not to squawk. Apple's internal policy, also confidential,
announces the color: "You should have no expectation of privacy when
using your personal devices or anyone else's for business purposes, when
using Apple systems or networks, or when on Apple premises. " But it might
not last. At the end of January, the labor law watchdog ruled that the
company's omerta policy violated the law, paving the way for a lawsuit. At
issue is an intimidating memo sent by CEO Tim Cook a week after the
ii
whistleblower's dismissal. We know that leakers are a small number of people,
he wrote. We also know that people who disclose confidential information
have no place here. "
Read also:
"Les desobeissants" on France.lv: 10 stories of citizens' struggles to get the truth
out
For attorney Seth Goldstein, who recently helped Amazon workers fight
Jeff Bezos' anti-union practices, this is an important signal:
"Ashley's revelations highlight the worst of corporate culture in Silicon Valley.
l'm hopeful that her case will help shake things up, because people no longer
trust these companies. " As for the whistleblower, she's not about to give up,
even if the battle has taken its toll on her. "l sometimes feel like l've lost my
identity, and l've never been so close to suicide since I was a teenager, " she
explains, on the verge of tears, adding that she has found solace in a book
about the moral wounds of Gls returning from war. In early February, she
had an appointment with investigators from the Securities and Exchange
Commission. In the complaint she sent to a dozen judicial and privacy
protection authorities, she humorously announces her future reconversion
to public international law, human rights and the protection of privacy.
"dystopian megacorporations"
https://www.telerama.fr/debats-reportages/ashley-gjovik-Ianceuse-d-alerte-Iicenciee-par-apple-seule-contre-tous-
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 28 of 217
D. EXHIBIT D: Telegraph
Exhibit Apple whistleblower brings spying claims to UK: Data watchdog opens investigation into privacy
accusations against iPhone maker,” published by The Telegraph on or about April 10 2022
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 12
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Apple wtlistleblower Filed 03/13/26
spying claims to UK Page 29 of 217
@lh1® @®l,®gmplI;1 al •
News Ukraine Sport Business Opinion Money Life Style Travel Culture
See all Business
Apple whistleblower brings spying claims to UK
Data watchdog opens investigation into privacy accusations against iPhone maker
By Lucy Burton, EMPLOYMENT EDITOR
10 April 2022 - 9:00am
iv 'F £9 8 121
Britain's information watchdog is investigating claims that Apple was able to access personal
information on workers' phones after a privacy complaint was lodged by a whistleblower.
Ashley_Gjovik, a former senior Apple engineer, has filed a 54-page privacy complaint against
the iPhone maker alleging unlawful data collection and invasion of employee privacy over
"years and multiple countries".
In the filing, which has been lodged with the UK Data Protection Information
Commissioner's Office (ICO) and its counterpart in Brussels, Ms Gjqavik claimed that she
publicly expressed concerns about Apple "pressuring its employees to participate in invasive
data collection procedures, including scans of ears/ear canals".
She also accused the company of using an app on employees' iphones that "automatically
took photos/videos whenever it 'thought it saw a face"'.
In the filing Ms Gjqavik said: "I respectfully request that you investigate the matters I raised
and open a larger investigation into these topics within Apple's corporate offices globally."
The complaint was also submitted to the Data Protection Commission in Ireland and London-
based Big Brother Watch, the privacy campaigning organisation.
An ICO snokesman said' "We are aware of this matter and we will assess the information
https://www.telegraph.co.uk/business/2022/04/10/apple-whistleblower-brings-spying-cldms-uk/?utm_content=telegraph&utm_medium=Socid&utrn_campa.ign=Ech... 1/4
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Apple wlustleblower Filed 03/13/26
spying claims to UK Page 30 of 217
'~':'
provided."
Ms Gjqavik was fired by_Apple last September for allegedly violating the company's rules
against leaking confidential information.
She claimed to have begun raising concerns about workplace safety in March last year,
including those related to Apple's policies on how it can search and surveil employees' work
phones.
Ms Gjqavik has also alleged that she has faced bullying and harassment from her manager and
other colleagues, in a campaign that has been dubbed Apple's "MeToo" moment.
This is thought to be the first time that she has tried to take her battle against the notoriously
secretive tech giant to the UK.
The campaign dragged Apple into agrowing wave of em1:yee activism affecting its Silicon
Valley rivals. In 2018, more than 20,000 Google staff held a walkout against forced
arbitration agreements and alleged payouts related to sexual harassment.
An Apple spokesman said: "We are and have always been deeply committed to creating and
maintaining a positive and inclusive workplace. We take all concerns seriously and we
thoroughly investigate whenever a concern is raised and, out of respect for the privacy of
any individuals involved, we do not discuss specific employee matters."
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 31 of 217
E. EXHIBIT E: TechCrunch
Exhibit Ex-Apple employee takes Face ID privacy complaint to Europe,” published by TechCrunch and
Yahoo! News around April 11 2022,
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 13
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4/11/22, 12:33 PM Case 3:23-cv-04597-EMC Document
Ex-Apple 307-1
employee Filed
takes Fac ID 03/13/26
privacy comp Page 32 of 217
alnt to Europe
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y Employee experience is as strong as ever at
the 100 Best Companies
a Privacy watchdogs in Europe are considering a complaint Fortune
against Apple made by a former employee, Ashley Gjovik,
who alleges the company fired her after she raised a
number of concerns, internally and publicly, including over
3"
the safety of the workplace.
Gjovik, a former senior engineering program manager at
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Moving to Florida? New Florida residents
she had also raised concerns about her employer's rack up complaints against moving
approach towards staff privacy, some of which were companies
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Ex-Apple 307-1
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takes Fac ID 03/13/26
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which it had said it was investigation. She subsequently
News us Politics World COVID-19 Clima e Change Originals Health Science Podcasts Contact Us Videos
filed complaints against Apple with the US National Labor
Relations Board. why Apple Stock Is Falling Today
Motley Fool
Those earlier complaints link to the privacy complaint she's
sent to international oversight bodies now because Gjovik
says she wants scrutiny of Apple's privacy practices after it
formally told the US government its reasons for firing her -
- and "felt comfortable admitting they'd fire employees for
protesting invasions of privacy", as she puts it accusing
Apple of using her concerns over its approach to staff Exclusive-Apple faces extra EU antitrust
privacy as a pretext to terminate her for reporting wider charge in music streaming probe -source
Reuters
safety concerns and organizing with other employees
about labor concerns.
The UK's Information Commissioner's Offie (ICO) and
France's CNIL both confirmed receipt of GjQvik's privacy
complaint against Apple.
A spokesperson for the ICO told TechCrunch: "We are
Rebuttal: Bill protects online privacy, security
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provided."
France's CNIL also sent confirmation that it's looking at
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which reported yesterday that it's thought to be the first
time Gjovik has sought to press her privacy complaint
against Apple in the UK.
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 34 of 217
F. EXHIBIT F: Gizmodo
Exhibit F: Article posted at Dkt. 35-12 on Dec. 25 2023 at pp. 80-93
Gizmodo, “Apple Wanted Her Fired. It Settled on an Absurd Excuse The reasons for firing
Ashley Gjøvik include tweeting a photo of herself—taken by her own phone,” Oct. 15 2021.
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 14
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 35 of 217
G. EXHIBIT G: Inverse
Exhibit G: Article posted at Dkt. 35-12 on Dec. 25 2023 at pp. 94-96.
Inverse, “Apple is leaning on weak arguments to defend a senior engineer's firing,”
Oct. 15 2021.
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 15
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 36 of 217
H. EXHIBIT H: Biometric Update
Exhibit Biometric Update article titled “Ex-employee accuses Apple of training iPhone
biometrics by violating staff privacy,” and published around April 20 2022.
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 16
(66 of 67), Page 66 of 67 Case: 25-2028, 05/20/2025, DktEnt.ry: 27.5, .Page 66 .of 67. .
4/20/22, 8:48 PM Case 3:23-cv-04597-EMC Document
Ex-employee accuses Apple 307-1
of training Filedby violating
1Phone blometrlcs 03/13/26 Page
staff privacy I 37 of
Blometrlc 217
Update
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Apple was questioned about where it collected the 1 billion images it GSA finds 'bias' in facial recognition
errors, plans tests but no deployment
trained the Face ID biometric algorithm with by a member of U.S.
Congress back in 2017, but no direct answer was offered. Now, an
ex-employee of the company is taking it to court in Europe over Paravision and HID Global co-
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Former Apple employee Ashley Gjovik was placed on administrative
Biometrics capture with feature
leave after complaining to the company about a sexist work phones to boost Africa's financial
environment, and then was fired, she says for raising concerns about inclusion
violations of staff privacy. She has also filed a complaint with the
National Labor Relations Board in the U.S. Daily Biometrics New s
The company invited its employees to participate in product testing,
FEATURED COMPANY
and sometimes to have their biometrics collected, but Gjmvik says the
_
testing and collection seemed to be mandatory. She describes the use
of Apple's internal Gobbler app (later called Glimmer) to upload
personal data employees had collected to company servers, and
directly claims that employee data is the source of the billion images
used to train Face ID.
*'
https://wwwbiometricupdate .com/202204/ex-employee-accuse&apple-of-training-iphone-biometrics-by-violatingstaff-privacy 1/3
(67 of 67), Page 67 of 67 Case: 25-2028, 05/20/2025, DktEnt.ry: 27.5, .Page 67 .of 67. .
4/20/22, 8:48 PM Case 3:23-cv-04597-EMC Document
Ex-employee accuses Apple 307-1
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1Phone blometrlcs 03/13/26 Page
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 39 of 217
I. EXHIBIT I:
American Journal of Obstetrics and
Gynecology
Exhibit I:
Mahalingaiah, Shruthi et al. “Design and methods of the Apple Women's Health Study: a digital
longitudinal cohort study.” American journal of obstetrics and gynecology vol. 226,4 (2022): 545.e1-545.e29.
doi:10.1016/j.ajog.2021.09.041, https://pmc.ncbi.nlm.nih.gov/articles/PMC10518829/
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 17
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 40 of 217
HHS Public Access
Author manuscript
Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
Author Manuscript
Published in final edited form as:
Am J Obstet Gynecol. 2022 April ; 226(4): 545.e1–545.e29. doi:10.1016/j.ajog.2021.09.041.
Design and methods of the Apple Women’s Health Study: a
digital longitudinal cohort study
Shruthi Mahalingaiah, MD, MS,
Harvard T.H. Chan School of Public Health, Boston, MA
Victoria Fruh, PhD,
Harvard T.H. Chan School of Public Health, Boston, MA
Author Manuscript
Erika Rodriguez, MS,
Harvard T.H. Chan School of Public Health, Boston, MA
Sai Charan Konanki, MS,
Harvard T.H. Chan School of Public Health, Boston, MA
Jukka-Pekka Onnela, DSc,
Harvard T.H. Chan School of Public Health, Boston, MA
Alexis de Figueiredo Veiga, MS,
Harvard T.H. Chan School of Public Health, Boston, MA
Genevieve Lyons, MS,
Harvard T.H. Chan School of Public Health, Boston, MA
Author Manuscript
Rowana Ahmed, MS,
Harvard T.H. Chan School of Public Health, Boston, MA
Huichu Li, PhD,
Harvard T.H. Chan School of Public Health, Boston, MA
Nicola Gallagher, MS,
Harvard T.H. Chan School of Public Health, Boston, MA
Anne Marie Z. Jukic, PhD, MSPH,
Epidemiology Branch, Division of Intramural Research, National Institute of Environmental Health
Sciences, National Institutes of Health, Research Triangle Park, Durham, NC
Kelly K. Ferguson, PhD, MPH,
Author Manuscript
Epidemiology Branch, Division of Intramural Research, National Institute of Environmental Health
Sciences, National Institutes of Health, Research Triangle Park, Durham, NC
Donna D. Baird, PhD,
Epidemiology Branch, Division of Intramural Research, National Institute of Environmental Health
Sciences, National Institutes of Health, Research Triangle Park, Durham, NC
This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/).
Corresponding author: Shruthi Mahalingaiah, MD, MS. shruthi@hsph.harvard.edu.
B.A.C., R.H., M.A.W. contributed equally to this work and share senior authorship.
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 41 of 217
Mahalingaiah et al. Page 2
Allen J. Wilcox, MD, PhD,
Author Manuscript
Epidemiology Branch, Division of Intramural Research, National Institute of Environmental Health
Sciences, National Institutes of Health, Research Triangle Park, Durham, NC
Christine L. Curry, MD, PhD,
Health, Apple Inc, Cupertino, CA
Sanaa Suharwardy, MD,
Division of Maternal Fetal Medicine, Department of Obstetrics and Gynecology, Stanford
University School of Medicine, Stanford, CA
Tyler Fischer-Colbrie, MBA,
Health, Apple Inc, Cupertino, CA
Gracee Agrawal, MS,
Health, Apple Inc, Cupertino, CA
Author Manuscript
Brent A. Coull, PhD,
Harvard T.H. Chan School of Public Health, Boston, MA
Russ Hauser, MD, ScD, MPH,
Harvard T.H. Chan School of Public Health, Boston, MA
Michelle A. Williams, ScD
Harvard T.H. Chan School of Public Health, Boston, MA
Abstract
BACKGROUND: Prospective longitudinal cohorts assessing women’s health and gynecologic
conditions have historically been limited.
Author Manuscript
OBJECTIVE: The Apple Women’s Health Study was designed to gain a deeper understanding
of the relationship among menstrual cycles, health, and behavior. This paper describes the
design and methods of the ongoing Apple Women’s Health Study and provides the demographic
characteristics of the first 10,000 participants.
STUDY DESIGN: This was a mobile-application-based longitudinal cohort study involving
survey and sensor-based data. We collected the data from 10,000 participants who responded
to the demographics survey on enrollment between November 14, 2019 and May 20, 2020. The
participants were asked to complete a monthly follow-up through November 2020. The eligibility
included installed Apple Research app on their iPhone with iOS version 13.2 or later, were living
in the United States, being of age greater than 18 years (19 in Alabama and Nebraska, 21 years
old in Puerto Rico), were comfortable in communicating in written and spoken English, were the
Author Manuscript
sole user of an iCloud account or iPhone, and were willing to provide consent to participate in the
study.
RESULTS: The mean age at enrollment was 33.6 years old (±standard deviation, 10.3). The
race and ethnicity was representative of the US population (69% White and Non-Hispanic
[6910/10,000]), whereas 51% (5089/10,000) had a college education or above. The participant
geographic distribution included all the US states and Puerto Rico. Seventy-two percent
(7223/10,000) reported the use of an Apple Watch, and 24.4% (2438/10,000) consented to sensor-
Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 42 of 217
Mahalingaiah et al. Page 3
based data collection. For this cohort, 38% (3490/9238) did not respond to the Monthly Survey:
Author Manuscript
Menstrual Update after enrollment. At the 6-month follow-up, there was a 35% (3099/8972)
response rate to the Monthly Survey: Menstrual Update. 82.7% (8266/10,000) of the initial cohort
and 95.1% (2948/3099) of the participants who responded to month 6 of the Monthly Survey:
Menstrual Update tracked at least 1 menstrual cycle via HealthKit. The participants tracked
their menstrual bleeding days for an average of 4.44 (25%–75%; range, 3–6) calendar months
during the study period. Non-White participants were slightly more likely to drop out than White
participants; those remaining at 6 months were otherwise similar in demographic characteristics to
the original enrollment group.
CONCLUSION: The first 10,000 participants of the Apple Women’s Health Study were recruited
via the Research app and were diverse in race and ethnicity, educational attainment, and economic
status, despite all using an Apple iPhone. Future studies within this cohort incorporating this high-
dimensional data may facilitate discovery in women’s health in exposure outcome relationships
Author Manuscript
and population-level trends among iPhone users. Retention efforts centered around education,
communication, and engagement will be utilized to improve the survey response rates, such as the
study update feature.
Keywords
digital health; longitudinal cohort; menstrual cycles; women’s health
Introduction
Multiple factors influence the menstrual cycle length, duration of flow, and cyclicity.
Common factors include stress, nutrition and body weight, physical activity, and
combination lifestyle factors. Furthermore, menstrual cycle function is an indicator of health
Author Manuscript
and longevity.1 For example, bone density is built and maintained in the presence of cyclic
ovarian function.2 Fertility, terminal breast differentiation, and aspects of cognition and
memory are also influenced by menstrual status and function.3–5 The endocrine pathways
involved in menstrual cycle physiology include the hypothalamic-pituitary-ovarian axis and
a healthy functioning of the thyroid and adrenal glands; the anatomic structures necessary
include the uterus, endometrium, and ovaries.
Furthermore, irregular patterns or the absence of menstrual cycles can serve as indicators
of underlying health problems. The presence of irregular menstrual cycles may indicate
hormonal disturbances, including thyroid disorders, prolactinomas, systemic illness
(including cancers), anatomic pathology such as uterine fibroids, polyps, or adenomyosis; it
has also has been linked to an increase in all-cause mortality.1 Abnormalities in the bleeding
Author Manuscript
length and amount affect up to 30% of those who menstruate.6 The existing data on the
menstrual cycle characteristics, including the normal distributions of the cycle length and
bleeding days, are based on prior and well-designed but demographically-limited cohorts.7,8
Little is known about how these conditions vary across subpopulations or how they relate to
future health conditions. An understanding of population-based variation in menstrual cycle
characteristics is lacking.
Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 43 of 217
Mahalingaiah et al. Page 4
The objectives of this study are to (1) advance the understanding of the menstrual
Author Manuscript
cycle, including how it relates to exercise, sleep, environmental, behavioral, and other
physiological processes, and (2) inform screening and risk assessment for gynecologic
health conditions using menstrual cycle, reproductive, health, and sensor data. We present
here the design of the Apple Women’s Health Study (AWHS) and the characteristics of the
first 10,000 participants enrolled in the study, including their follow-up after 6 months of
participation.
Materials and Methods
Survey design
The survey questions for the AWHS were derived from previous, similarly large longitudinal
studies on women’s health. These surveys included the National Health and Nutrition
Examination Survey developed by the Centers for Disease Control and Prevention, the
Author Manuscript
Perceived Stress Scale, All of Us study—a large research program sponsored by the
National Institutes of Health, Nurses’ Health Study 2, and the Ovulation and Menstruation
Health Study.9–12 The questions were modified for a mobile user experience and were
standardized across 2 other research studies also housed in the Apple Research app. For
menstrual-cycle-specific questions, the exposures hypothesized to affect the hypothalamic-
pituitary-ovarian axis in a cycle-specific way were included. Once the research teams had
completed the initial drafting of the baseline survey, it was reviewed by Apple, Inc. to
conform to their design standards across the 3 studies.
The interface for the Research app was designed to be intuitive and simple. The research
profile completed at enrollment is common to all 3 studies and includes the initial
demographic survey. To implement the intuitive and simple survey concept, the baseline
Author Manuscript
women’s health study survey was split across the initial year of the study to distribute
the participant burden over time as noted in Supplemental Table 1. The health history
survey was given at month 4, and the reproductive history was given at month 10. The
Monthly Survey: Menstrual Update (MSMU) was initiated after the first completed month
of enrollment and then monthly thereafter. The time to survey completion was estimated
in 5-minute increments on the basis of usability testing by Apple, Inc. The response time
for the enrollment processes (screening, eligibility, demographics) was estimated to be 25
minutes. The expected response times as listed in the Research app for monthly surveys such
as the MSMU, Pregnancy Update, and Lactation Update were 5 minutes each.
Apple research app platform
The study is hosted within the Apple Research app (available on the Apple App Store),
Author Manuscript
which allows a participant to find, enroll, and participate in Apple-supported, health-related
research studies.
The Research app was designed with 3 studies for a simultaneous launch, where the
demographics and certain questions were standardized across the studies. The other 2 studies
were the Apple Heart and Movement Study and the Apple Hearing Study.13,14
Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 44 of 217
Mahalingaiah et al. Page 5
All the shared data are stored securely in a system within Apple that is designed to meet
Author Manuscript
the technical safeguard requirements of the Health Insurance Portability and Accountability
Act. Access to any contact information or other identifying data that the participants provide
through the Research app is restricted to the Principal Investigator staff.
Study population description
The AWHS is a longitudinal cohort study of persons who have menstruated at least once in
their life. The study began enrolling on November 14, 2019. The planned duration of this
study is 10 years, that is, until November 2029, with a potential for extension or additional
long-term follow-up. The goal is to recruit 500,000 participants over 10 years. The study
was approved by the Advarra Central Institutional Review Board (number PRO00037562)
and registered to ClinicalTrials.gov (ClinicalTrials.gov Identifier: NCT04196595).
Author Manuscript
Eligibility, screening, and consent
Individuals were eligible for enrollment if they had installed the Apple Research app on
their iPhone 6s or later with iOS version 13.2 or later, were living in the United States, had
menstruated at least once, were at least 18 years old (at least 19 years old in Alabama and
Nebraska, at least 21 years old in Puerto Rico), were comfortable communicating in written
and spoken English, were the sole users of their iCloud account or iPhone, and were willing
to provide informed consent to participate in the study (Supplemental Table 2).
After self-report and self-verification of eligibility, the participants followed the steps for
enrollment as delivered by the Research app. They were instructed to read the informed
consent form (ICF), which is included in Appendix A, and provide an electronic signature
if they consented to participate; a part of this process is shown in Supplemental Figure
1. The ICF covers key aspects, including the study objectives, study procedures (surveys
Author Manuscript
and demographic data), the types of study data that require additional consent (Health
app Data, Research Sensor and Usage Data, Medical Conditions and History, and other
related information such as clinically sourced data from Health app). The ICF included
the participation risks (theoretical potential for breach of confidentiality) and benefits (no
incentives or compensation) and the option for study withdrawal at any time for any reason.
The current informed consent document is available in the supplemental documents. The
participants who were enrolling were informed that they will be reconsented every 2 years.
The individuals who downloaded the Research app, enrolled in AWHS, and met the
inclusion criteria proceeded to study participation. They were then provided the survey tasks
for completion, starting with the demographics section.
Author Manuscript
Incentive: There was no compensation for study participation.
Recruitment and marketing
On September 10, 2019, the Apple Research app was announced publicly. The Research app
houses the following 3 research studies: the AWHS, the Apple Heart and Movement Study,
and the Apple Hearing Study. The AWHS was launched on November 14, 2019. Institutional
review board-approved recruitment efforts included a Harvard T.H. Chan School of Public
Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 45 of 217
Mahalingaiah et al. Page 6
Health study website,15 which was made public and includes frequently asked questions and
Author Manuscript
background information regarding the study. Social media accounts were created on Twitter
and Instagram (March 10, 2020), YouTube (March 12, 2020), Facebook (April 13, 2020)
and LinkedIn (August 7, 2020) to post recruitment materials inviting potential participants to
join the study, with new posts added approximately 1 to 3 times per week. In addition, media
events included a podcast,16 media articles, and press interviews after study launch.
Data Collection and Methods
Survey data
On enrollment, the participants who onboarded with the AWHS responded to the Research
Profile Survey within the Research app and to the Demographic Survey; the data included
the year of birth, state of residence, race and ethnicity, marital status, employment status,
gender identity, and sex assigned at birth (Supplemental Figure 1 and Supplemental Table
Author Manuscript
3). The participants were asked to respond to a baseline Menstrual Status Survey at
enrollment (Supplemental Table 3). The response categories for the baseline Menstrual
Status Survey included currently menstruating, lactating, menopausal, and pregnant. For
the remaining months within the first year of follow-up, the participants were given
monthly surveys to provide a menstrual status update, pregnancy update, and/or a lactation
update. Health surveys were given quarterly to assess the changes in sleep, physical
activity, nutrition, stress, alcohol use, tobacco use, electronic nicotine use, and marijuana
use within the previous calendar month. Reproductive history was assessed at the tenth
month (Supplemental Table 1). As detailed in Supplemental Table 3, a more extensive
health overview (including questions on nutrition, sleep, stress, alcohol use, tobacco
use, electronic nicotine use, marijuana use, second-hand smoke, and overall self-rated
health) and medical history (gynecologic, endocrine, heart, blood, digestive, kidney, lung,
Author Manuscript
musculoskeletal, cancer, brain and nervous system, mental health and infectious disease
conditions, surgeries, and family medical history) are given annually, initially at month 4
and month 7, respectively (Figure 1). A summary of the surveys, topics, sources, number
questions is shown in Table 4.
Monthly surveys and timing
The participants receive monthly surveys on the basis of the status reported in the baseline
Menstrual Status Survey. The monthly surveys include the MSMU, the Lactation Update,
and the Pregnancy Update.
The MSMU included a total of 6 questions to ascertain the status in the last calendar
month regarding the accuracy of tracked period days, status update for pregnancy, lactation,
Author Manuscript
and menopause, current hormone use, reason for hormone use, and monthly update of
health factors (change in exercise or weight, significant sleep disruption, stress, illness, and
hospitalization or surgery). The purpose of the MSMU is to give additional context for the
logged menstrual bleeding days and associated symptom logging in HealthKit. The MSMU
is given to those who have previously indicated the capacity to currently menstruate on the
baseline survey; it is not given to those who have indicated current pregnancy, menopause,
or to those who are no longer menstruating. The MSMU is delivered within the Research
Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 46 of 217
Mahalingaiah et al. Page 7
app on the first Sunday of every month, starting in month 2 of participation, at least 4 weeks
Author Manuscript
after enrollment. The survey is available for 1 week after delivery and then expires and is
no longer available to the participant. Programming logic was applied in the analysis phase
as follows: the monthly surveys were counted when the participants responded at least 4
weeks after enrollment. Any monthly survey with participant responses before 4 weeks of
enrollment was excluded from this count. For this analysis, the respondents were censored at
pregnancy and menopause.
Research sensor and usage data
The participants consented to the collection of data and derived metrics that were retrieved
from certain iPhone sensors and from a paired optional Apple Watch. These include
frequently visited locations with an anonymized identifier, watch-on-wrist state, and Optical
Sensor (including accelerometer and heart rate) as summarized in Supplemental Table 4.
Author Manuscript
HealthKit data
HealthKit provides a central repository for health and fitness data on iPhones and Apple
Watches. With the user’s permission, specific apps communicate with HealthKit to access
and share these data while maintaining the user’s privacy and control. HealthKit stores the
data merged from multiple sources and contains data types such as menstrual bleeding days,
symptoms and associated user recorded features (cervical mucous changes, temperature
changes, sexual activity), heart rate, sleep analysis, and clinical records (lab tests, diagnoses)
from clinical interfaces. A bleeding event can be tracked either via Cycle Tracking or by any
third-party menstrual tracking application that has been permitted to write to HealthKit
by the participant. This allows for ongoing collection of menstrual characteristics and
symptoms and reduces missing data owing to lack of direct participant input. For this
Author Manuscript
descriptive analysis, we evaluate the months of contributed cycle tracking data where a
logged bleeding event in the HealthKit was attributed to the calendar month of that bleeding
event.
Participation
This study was designed to allow participation through the following ways: (1) response
to survey questions; (2) contribution of HealthKit data, which include logged menstrual
cycles; and (3) contribution of SensorKit data, which include sensor-based data streams from
SensorKit.
In general, a participant is considered to be actively participating by contributing data from
any of these sources.
Author Manuscript
Given that one of the main goals of this study is to understand menstrual health and its risk
factors, we report on
1. the response rates to the MSMU, and
2. tracked bleeding events in HealthKit as measures of ongoing participation for
this descriptive analysis.
Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 47 of 217
Mahalingaiah et al. Page 8
Nonparticipation in the MSMU is defined as no response to the monthly survey. Invalid
Author Manuscript
responses are defined as those responses that seem biologically unlikely, such as a
concurrent state of menopause and pregnancy. We defined completion rate (% completed) as
the proportion of individuals who have completed the survey among those eligible for the
baseline Menstrual Status Survey or MSMU.
Defining demographic variables
Race and ethnicity—We utilized the same question that was used to determine the race
and ethnicity from the NIH-sponsored All of Us study, which asks, “Which categories
describe you? Select all that apply: American Indian or Alaska Native [subchoices:
American Indian, Alaska Native, Center or South American Indian, none of these fully
describe me, I prefer not to answer]; Asian [subchoices: Asian Indian, Cambodian, Chinese,
Filipino, Hmong, Japanese, Korean, Pakistani, Vietnamese, none of these fully describe me,
Author Manuscript
I prefer not to answer]; Black, African American, or African [subchoices: African American,
Barbadian, Caribbean, Ethiopian, Ghanaian, Haitian, Jamaican, Liberian, Nigerian, Somali,
South African, none of these fully describe me, I prefer not to answer]; Hispanic, Latino,
or Spanish [subchoices: Colombian, Cuban, Dominican, Ecuadorian, Honduran, Mexican
or Mexican American, Puerto Rican, Salvadoran, Spanish, none of these fully describe me,
I prefer not to answer]; Middle Eastern or North African [subchoices: Afghan, Algerian,
Egyptian, Iranian, Iraqi, Israeli, Lebanese, Moroccan, Syrian, Tunisian, none of these fully
describe me, I prefer not to answer]; Native Hawaiian or other Pacific Islander [subchoices:
Chamorro, Chuukese, Fijian, Marshallese, Native Hawaiian, Palauan, Samoan, Tahitian,
Tongan, none of these fully describe me, I prefer not to answer]; White [subchoices: Dutch,
English, European (not listed), French, German, Irish, Italian, Norwegian, Polish, Scottish,
Spanish, none of these fully describe me, I prefer not to answer]; none of these fully
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describe me; I prefer not to answer.” In field testing of the 2 questions typically used to
separately determine the race and ethnicity, the All of Us study found that the focus group
participants found it burdensome to have 2 questions. The All of Us study, where our race
and ethnicity question is sourced from, uses a single question, with the response of “select
all that apply” to determine the race and ethnicity. We have classified the responses into
traditional reporting of race and ethnicity of the following categories: White, non-hispanic;
Hispanic, Latina, Spanish and/or other Hispanic; Black or African American or African;
Asian; Other; >1 race or ethnicity, in nonrestrictive categories.17
MacArthur social status scale and socioeconomic status—We utilized the
MacArthur Scale of Subjective Social Status, which asks, “Think of this ladder as
representing where people stand in the country you live in. At the top of the ladder are the
people who are the best off – those who have the most money, the most education, and the
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most respected jobs. At the bottom are the people who are the worst off – those who have
the least money, least education, the least respected jobs, or no job. The higher up you are
on this ladder, the closer you are to the people at the very top; the lower you are, the closer
you are to the people at the very bottom. Where would you place yourself on this ladder?
Please select where you think you stand at this time in your life relative to other people
around you. Ladder 0 (worst off) to 10 (best off).” The scale has been noted to correlate with
health status across the lifespan.18,19 Notably, the MacArthur Scale is correlated with but is
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not the same as objective socioeconomic status (SES).20 One main benefit of the MacArthur
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Scale is that it may be more applicable as a marker of subjective social status than using
measures of objective SES in non-White populations.18 We categorized the responses into: 0
to 3 corresponding to low, 4 to 5 corresponding to middle, and 6 to 9 corresponding to high.
There are no established categorizations for this variable. We refer to this metric as the SES.
The study population described in this paper was enrolled from November 14, 2019 until
May 20, 2020, and we allowed at least 6 months of follow-up for all the women enrolled
during this time.
Planned statistical analyses—Statistical analyses are planned for the following 3
categories: (1) longitudinal analysis of survey data, (2) longitudinal analysis of passively
collected smartphone and watch data, and (3) longitudinal analysis of associations between
the survey data and passively collected data. In each category, we will perform exploratory
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descriptive analyses and formulate more specific hypothesis-driven models.
For all 3 types of longitudinal analyses, we will use longitudinal extensions of regression
methods, such as linear and generalized linear mixed models,21 statistical learning
techniques for high-dimensional data,22 and functional data analysis methods.23 For the
longitudinal analysis of the survey data, we will quantify the associations among both
participant characteristics and risk factors and the menstrual cycle length, and how these
associations vary across the age range of the study population. For the longitudinal analysis
of passive data, we will perform individual-level analyses to identify the possible change
points in behaviors over time and how they relate to subsequent health outcomes. For the
longitudinal analysis of passive and survey data, the predictors will initially be the daily
summary statistics derived from passively collected data and the outcomes of interest will
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consist of all the items on which survey data are available.
Study statistical power—We estimated the power to detect meaningful differences in
(1) the mean menstrual cycle length and (2) the prevalence of health conditions of interest.
We estimated loss to follow-up (20%) and incomplete survey response (90%–95%) over the
course of 12 menstrual cycles. To calculate a conservative power estimate, we estimated a
high incomplete survey response rate. This rate assumes an incomplete response if there is
any skip of any question across the year. The survey is designed to not require a response
to any question; a participant may choose not to answer by selecting a prefer not to answer
response option or advancing through the survey questions. We present the conservative
power calculations on the basis of a 2-sided alpha=0.01 test rather than the more common
alpha=0.05 level (Supplemental Table 5).
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Menstrual cycle—We estimated our power to detect the differences in the mean menstrual
cycle length among a general dichotomy of the study sample. Such a comparison will be of
interest when comparing the outcome across subpopulations defined by demographics (eg,
race and ethnicity), lifestyle factors (eg, low or high physical activity), or potential exposures
(eg, marijuana products or alcohol consumption) (Supplemental Table 6). Although the
longitudinal methods will use all cycles from all participants, we evaluated scenarios
where 5% to 10% of 400,000 participants provide menstrual cycle data on 12 cycles
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and conservatively calculated minimally detectable differences in cycle length using data
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from those 5% to 10%. We assumed a two-sided alpha=0.01 test, and a within-participant
longitudinal correlation in the cycle length of 0.6.24 We estimate that we will have the power
to detect the menstrual cycle length differences of <1 day for all the scenarios considered, as
shown in Supplemental Table 6.
Gynecologic health conditions—We estimated the power of the study to detect
differences in the prevalence of health conditions for high-risk vs low-risk groups for
various initial sample sizes and health condition prevalence estimates in the baseline group
(Supplemental Table 6). We estimate that we will have the power to detect relatively small
differences in prevalence for all scenarios, even when the health condition is rare (0.5%
prevalence), and the high-risk group is small (10% of the sample).
Results
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Baseline characteristics of the first 10,000 participants
We present the demographic characteristics of the first 10,000 enrolled and eligible
participants who provided demographic information and show their retention across the
first 6 months of participation. From the launch of the study to May 20, 2020, there were
11,113 people who downloaded the Research app and clicked through to the AWHS, 10,459
who consented, and 10,030 who responded to the demographics survey. Eleven participants
formally withdrew from the study within their first month of participation. The participant
flow for the first 10,000 participants is shown in Figure 2. On average, 370 participants
enrolled per week.
The mean (standard deviation) age at enrollment was 33.6 years (10.3). Although most of
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the participants were White and non-hispanic (69%), there were 12% Latina, 6% Black, 4%
Asian, and 5% identifying as >1 race and ethnicity. Other races and ethnicities represented
include American Indian or Alaskan Native (3%). Most participants had graduated college
or beyond (51%), were employed for pay (either part-time, full-time, or self-employed)
(70%), and reported the use of an Apple Watch (72%). Most participants also gender-
identified as a ‘woman’ (96%) and were assigned ‘female’ at birth (99%). Forty percent of
the participants were married and 33% were never married. The distribution of SES for the
10,000 participants on the MacArthur Scale are as follows: low (0–3): 31%, middle4,5: 42%,
and high6–9: 25%. At the time of enrollment, more participants were living in the Southern
region (35%) of the United States than any other but with many women also living in the
Northeast (15%), Midwest (20%), and West (25%). A small proportion of women were
living in the US territories (0.3%) or had no data available on their location (4%) (Table
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1). The states with the most participants enrolled, adjusted for the total population by state
from the 2010 census were Massachusetts, Alabama, and Oregon (Supplemental Figure 2).
Menstrual tracking data in HealthKit (either retroactive data or data collected during study
period) were available for 82.7% of the women, and SensorKit data on heart rate were
available for 24% of the women (Table 1).
Supplemental Table 7 describes the selected characteristics obtained from ResearchKit of
the 429 participants who enrolled in the study during the same time but did not respond
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to the demographic questionnaire. Among these participants, the mean age was 34 years.
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When compared with enrollees that responded to the demographics questionnaire, a greater
proportion of those who did not respond were from the South (40% vs 35%), fewer were
Apple Watch users (45% vs 72%), and fewer opted-in to the authorization of SensorKit heart
rate access (5% vs 24%).
On the basis of the self-reported menstrual status at the time of enrollment, 88% reported
actively menstruating, 2% were lactating, 6% were menopausal, and 1% were pregnant. The
baseline status and the monthly menstrual statuses across 6 months of follow-up are outlined
in Table 2.
Retention
Among the first 10,000 enrollees, 6519 participated in at least 1 of the MSMU data
collection (65.2%). Of those eligible, 3099 participants responded to the 6-month check-in
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(Table 1). 5748 participants responded to the first MSMU, and 4413 and 3902 responded
to the second and third, respectively, as summarized in Table 3. The demographics of those
at baseline (N=10,000) and those who responded to the month 6 questionnaire (N=3099)
are shown in Table 1. The participants who contributed to the sixth MSMU were broadly
similar to the enrolled cohort, differing mostly in being more likely to be educated, White,
and unmarried. Among the consistent responders, more were Apple Watch users (83% vs
72%) and were associated with higher levels of tracking through HealthKit than the enrolled
cohort.
Of the 10,000 participants enrolled, 82.7% tracked the menstrual bleeding days via
HealthKit at some point in the 2-years before study entry or in the 6 months of follow-up.
72.4% of the participants tracked at least 1 menstrual bleeding event during the 6-month
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follow-up period, and the participants tracked an average of 4.44 (25%–75%; range, 3–6)
calendar months during the study period. Among those who completed the sixth MSMU,
95.1% contributed a tracked bleeding event, and 91.4% tracked at least 1 menstrual bleeding
event during the 6-months of follow-up. Among this subset, the participants tracked an
average of 5.29 (25%–75%; range, 5–6) months of cycle data (Table 1).
Survey response time
The participants spent a median time of 1.83 minutes to complete the demographic survey
(25th–75th percentile range, 1.43–2.45 minutes) and a median time of 0.77 minutes to
complete the MSMU (25th–75th percentile range, 0.55–1.10 minutes) and are noted in
Supplemental Table 10.
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Discussion
Principal findings
This is the first app-based study of this scope with the goal of collecting longitudinal data
for at least 10 years. Among the first 10,000 participants enrolled, the principle findings of
this study are that (1) the racial and ethnic distribution of the enrolled cohort was similar
to that of the US population, (2) Non-White participants were slightly more likely to drop
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out of the study than White participants over 6 months of follow-up, (3) the participant
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geographic distribution of the AWHS included all the US states and Puerto Rico, (4) most of
the participants had graduated college or beyond, were employed for pay, and reported the
use of an Apple Watch.
Clinical implications
The study aims to advance the understanding of menstrual cycles, the factors affecting
both within-woman and between-woman variability, and the associations with various health
conditions. The study will have novel opportunities to examine variations in reproductive
physiology using passively collected data such as physical activity and heart rate. The
possible clinical implications include understanding the associations between population-
based exposures among iPhone users and the reproductive outcomes including the menstrual
cycle length and irregularity, infertility, menopause, and chronic diseases such as cancer and
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heart disease measured via Health Records in HealthKit.
Research implications
Among the 10,502 participants who downloaded the app and were eligible, 96% enrolled
and responded to the demographics section, which compares favorably with other
longitudinal studies.25–27 The recruitment efforts were generally not targeted to specific
populations but mainly comprised general media coverage and social media posts. Thirty-
eight percent of the participants did not respond to the MSMU after enrollment, with a
total of 35% of participants responding to the MSMU at the 6-month follow-up. At least
1 menstrual cycle was tracked via HealthKit, by 82.7% (8266/10,000) of the initial cohort
and 95.1% (2948/3,099) of the participants who responded to month 6 of the MSMU. The
participants contributed with an average of 4.44 (25%–75%; range, 3–6) tracked calendar
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months during the 6-month follow-up period. Although the race and ethnicity distribution at
the baseline was more closely representative of the US population, we noted a slight increase
in the proportion of White (Non-Hispanic) race and ethnicity and a higher education status
for the participants responding to month 6 of the MSMU than the participants at enrollment.
It is to be noted that the survey completion times were considerably shorter than expected.
Strengths and limitations
The AWHS overcomes several limitations of the existing studies of menstrual cycle
characteristics including the following: (1) not restricting to those women attempting
conception,25,28 (2) low responses to reproductive questions surrounding menstrual cycle
characteristics,26 (3) underascertainment of the menstrual cycle characteristics for cycle-
specific analysis.9 Furthermore, many existing cohorts lack ascertainment on basic
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reproductive history and menstrual cycle characteristics, despite having well-characterized
outcome data for the leading causes of mortality and morbidity.29 This study builds
on the Tremin study7 by extending racial and ethnic diversity and obtaining expanded
demographic, anthropometric, lifestyle, and behavioral data elements from HealthKit
and Research Sensor and Usage Data, which allow for unique exposure and outcomes
assessment. Furthermore, though the findings may have limited generalizability outside of
iPhone users, the digital platform may increase access, allowing participants to engage with
this digital study.
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Although the study has many strengths, several limitations must be considered. Firstly,
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the study is limited to Apple iPhone users, and there is a concern of generalizability to
other populations using other digital platforms. Secondly, the loss to follow-up measured
by the response rates for the Monthly Survey: Menstrual Updates (MSMU) is higher than
other retention metrics such as tracked menstrual bleeding events in HealthKit. We have
initiated the retention efforts utilizing education, communication, and engagement through
a study update feature within the app and on the study website to promote monthly survey
completion. To ensure continued diversity in this cohort, care must be taken to both recruit
and retain the population through effective engagement strategies. Furthermore, engagement
strategies may be constructed to limit the loss to follow-up of certain subpopulations.
Further evaluation of the data must be conducted to understand whether nonrandom dropout
may bias the longitudinal effect estimates on the basis of the monthly surveys, though the
menstrual data that is tracked will be written to HealthKit, and it will limit missingness and
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avoid reliance on survey responses.
Conclusion
The AWHS captures time-varying demographic, lifestyle, and behavioral data that are built
into the Research app, an app that interfaces with multiple data sources. These data streams
create an opportunity for the AWHS to contribute new knowledge about long-overlooked
and understudied women’s health issues.
Supplementary Material
Refer to Web version on PubMed Central for supplementary material.
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Acknowledgments
The AWHS team would like to thank all the participants for signing up for the study and contributing to the
advancement of women’s health research. We would like to acknowledge Kaitlyn Haughey, MS, Manasvi Marathe,
MPH, and Jill MacRae, MS, for their work in supporting the study as a part of the Harvard Study Staff at study
initiation; Michael Grusby, PhD, who was involved in the initial phase of this project; the Harvard Information
Technology Team, including Andy Ross, BCS, Noah Hulbert, MBA; and David Waxman, MBA, from the Office of
Financial Services. We would like to acknowledge Richa Gujarati, MBA, former marketing team lead at Apple, Inc,
for supporting the recruitment efforts for this project.
S.M. receives research funding from the National Institutes of Health (NIH), National Science Foundation, and
March of Dimes. R.H. receives research funding from the NIH. B.A.C. receives research funding from the NIH
and the United States Environmental Protection Agency. J.P.O. receives research funding from the NIH, Boehringer
Ingelheim. J.P.O. received an unrestricted gift from Mindstrong Health in 2018. J.P.O. is a cofounder of a recently
established commercial entity that operates in digital phenotyping outside of women’s health. C.L.C., T.F.C., G.A.
own Apple, Inc stock. The other authors report no conflict of interest.
This study received funding from Apple, Inc. The funder had no role in the analysis and interpretation of data.
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Support for A.M.Z.J., K.K.F., D.D.B., and A.J.W. was provided by the Intramural Research Program of the
National Institute of Environmental Health Sciences, National Institutes of Health.
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AJOG at a Glance
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Why was this study conducted?
The Apple Women’s Health Study aims to advance the understanding of menstrual cycles
and their relationship to health conditions such as infertility, menopause, and health
across the lifespan. This paper describes the study design and methods, the demographics
of the first 10,000 enrollees, and the study retention rates measured by the response to the
Monthly Survey: Menstrual Update and menstrual tracking in HealthKit.
Key findings
The racial and ethnic distribution of the enrolled cohort was similar to that of the US
population. Non-White participants were slightly more likely to drop out of the study
than White participants over 6 months of follow-up. Notably, 38% (3490/9238 eligible
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participants) of the cohort did not respond to the Monthly Survey: Menstrual Update after
enrollment. Thirty-five percent (3099/8972) of women who were eligible responded to
the 6-month Monthly Survey: Menstrual Update. The participants tracked their menstrual
bleeding days for an average of 4.44 (25%–75%; range, 3–6) calendar months during the
6 month follow-up period. In addition, 82.7% (8266/10,000) of the cohort tracked at least
one menstrual cycle via HealthKit.
What does this add to what is known?
This is the first longitudinal research study of this scale and scope to use a mobile
application to collect survey and sensor-based data on menstrual cycles and women’s
health.
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FIGURE 1.
Timeline of data collection
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FIGURE 2.
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Participant flow in the Apple Women’s Health Study, first 10,000 participants. Study
onboarding as of May 20, 2020; categories of ineligibility are not mutually exclusive
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TABLE 1
Demographics of Apple Women’s Health Study participants
Participants responding to month 6 of
Participants at baseline, first 10,000 the “Monthly Survey: Menstrual Update”
participantsa (n=3099)a
Demographics Mean±SD or mean (25%–75% range) or % (n) Mean±SD or mean (25%–75% range) or % (n)
Mahalingaiah et al.
Age (y),b mean±SD 33.6±10.3 33.0±8.5
Race, % (n)
White, non-Hispanic 69.1 (6910) 73.7 (2284)
Hispanic, Latina, Spanish and/or other Hispanicc 12.0 (1202) 10.2 (317)
Black or African 6.1 (609) 4.7 (147)
American or African
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Asian 4.3 (428) 4.4 (135)
Other 2.7 (274) 2.2 (67)
>1 race 5.1 (513) 4.7 (145)
Prefer not to answer, or missing 0.6 (64) 0.1 (4)
Gender identity, % (n)
Woman 96.1 (9612) 97.2 (3013)
Man 0.3 (31) <0.1 (3)
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Transwoman <0.1 (1) 0 (0)
Transman 0.17 (17) <0.1 (3)
Genderqueer or nonbinary 1.04 (104) 1.3 (39)
Another gender identity or multiple selected 0.9 (92) 0.8 (25)
I prefer not to answer 0 (0) 0 (0)
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Skip or missing 1.4 (143) 0.5 (16)
Filed 03/13/26
Sex assigned at birth, % (n)
Female 98.5 (9845) 99.5 (3085)
Intersex 0.2 (19) 0 (0)
Skip or missing 1.3 (136) 0.5 (14)
Education, n (%)
Never attended school or only attended kindergarten 0.2 (18) <0.1 (1)
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Participants responding to month 6 of
Participants at baseline, first 10,000 the “Monthly Survey: Menstrual Update”
participantsa (n=3099)a
Demographics Mean±SD or mean (25%–75% range) or % (n) Mean±SD or mean (25%–75% range) or % (n)
Grades 1 through 11 (primary, middle, or some high school) 2.5 (250) 1.3 (39)
Grade 12 or GED (high school graduate) 12.4 (1237) 9.1 (280)
1 to 3 y after high school (technical school or some college or associate’s degree) 32.6 (3261) 29.1 (904)
Mahalingaiah et al.
College 4 y or more (college graduate) 30.5 (3053) 35.5 (1099)
Master’s degree 15.6 (1563) 18.9 (586)
Doctorate degree 4.7 (473) 5.5 (171)
I prefer not to answer 0 (0) 0 (0)
Skip or missing 1.5 (145) 0.6 (19)
Case 3:23-cv-04597-EMC
Employment status, % (n)
Employed for pay (part-time, full-time, self-employed) 70.3 (7031) 77.1 (2388)
Unemployed 5.6 (559) 3.5 (109)
Unable to work (ie, disability, illness, other circumstances) 4.2 (417) 2.8 (86)
In school 11 (1102) 10.7 (331)
Taking care of house or family 5.9 (584) 5.0 (156)
In retirement 1.5 (152) 0.2 (7)
Document 307-1
I prefer not to answer 0.9 (97) 0.5 (14)
Missing 0.6 (58) 0.3 (8)
Marital status, % (n)
Married 39.6 (3951) 41.5 (1285)
Divorced 8.3 (831) 6.8 (210)
Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
Widowed 0.8 (82) 0.4 (12)
Separated 1.9 (194) 1.4 (43)
Filed 03/13/26
Never married 33.5 (3347) 34.6 (1071)
A member of an unmarried couple 14.2 (1416) 14.5 (450)
I prefer not to answer 0 (0) 0 (0)
Skip or missing 1.8 (179) 0.9 (28)
Socioeconomic status, % (n)
Page 20
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Author Manuscript Author Manuscript Author Manuscript Author Manuscript
Participants responding to month 6 of
Participants at baseline, first 10,000 the “Monthly Survey: Menstrual Update”
participantsa (n=3099)a
Demographics Mean±SD or mean (25%–75% range) or % (n) Mean±SD or mean (25%–75% range) or % (n)
0–3 31.5 (3146) 33.3 (1032)
4–5 42.2 (4223) 44.4 (1376)
6–9 25.4 (2535) 21.9 (678)
Mahalingaiah et al.
Missing 0.96 (96) 0.4 (13)
Region of the United States, % (n)
Northeast 15.3 (1528) 15.6 (484)
Midwest 20.3 (2033) 20.9 (649)
South 34.8 (3477) 32.7 (1013)
Case 3:23-cv-04597-EMC
West 24.9 (2492) 25.8 (801)
Territory 0.3 (25) 0.3 (8)
Data not available 4.5 (445) 4.6 (144)
Apple Watch users, % (n) 72.2 (7223) 82.5 (2557)
Heart Rate SensorKit Data Opt-In Authorization, % (n) 24.4 (2438) 31.2 (968)
Menstrual flow HealthKit tracking
Tracked at least 1 menstrual cycle ever, % (n) 82.7 (8266) 95.1 (2948)
Document 307-1
Tracked at least 1 menstrual cycle within 3 mo of enrollment, % (n) 70.6 (7064) 89.5 (2772)
Tracked at least 1 menstrual cycle within 6 mo of enrollment, % (n) 72.4 (7236) 91.4 (2833)
Average number of calendar months tracked before baseline 8.08 (25%–75%; range, 2–13) 9.12 (25%–75%; range, 3–16)
Average number of calendar months tracked within 3 mo of enrollment (among those 2.67 (25%–75%; range, 2–3) 2.94 (25%–75%; range, 3–4)
tracking)d
Average number of calendar months tracked within 6 mo of enrollment (among those 4.44 (25%–75%; range, 3–6) 5.29 (25%–75%; range, 5–6)
Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
tracking)d
Filed 03/13/26
GED, general equivalency diploma; SD, standard deviation.
a
Subset for the first 10,000 participants enrolled and providing demographic data that met inclusion criteria (through May 20, 2020). First demographics entry captured for each participant;
b
Age based on birth year;
c
Includes all individuals identifying as Hispanic (exclusively or in addition to another race group). Detailed breakdown available in Supplemental Table 8;
d
Number of calendar months where any bleeding events were tracked during the 3 month follow-up period can range in value from 0 to 4 because a single menstrual cycle can span 2 calendar months.
Number of calendar months tracked during the 6 month follow-up period can range from 0 to 7 months. Page 21
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Author Manuscript Author Manuscript Author Manuscript Author Manuscript
TABLE 2
Monthly menstrual survey status count
Menstrual status Baseline % (n) Survey #1 % (n) Survey #2 % (n) Survey #3 % (n) Survey #4 % (n) Survey #5 % (n) Survey #6 % (n)
Menstruating 87.6 (8763) 55.4 (5540) 42.7 (4274) 37.9 (3791) 36.6 (3659) 33.6 (3355) 30.2 (3021)
Lactation 1.8 (183) 1.0 (102) 0.8 (83) 0.6 (61) 0.5 (53) 0.5 (45) 0.4 (38)
Mahalingaiah et al.
Menopause 6.3 (634) 0.3 (26) 0.2 (22) 0.1 (11) <0.1 (6) 0.1 (10) <0.1 (5)
Pregnant 1.1 (110) 0.7 (67) 0.3 (32) 0.4 (35) 0.3 (31) 0.3 (26) 0.3 (32)
Invalid responsea <0.1 (7) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0) 0 (0)
Prefer not to answer 0.5 (54) 0.1 (13) <0.1 (2) <0.1 (4) <0.1 (2) <0.1 (1) <0.1 (2)
No responseb 2.5 (249) 34.9 (3490) 47.3 (4732) 51.9 (5189) 52.9 (5293) 55.7 (5571) 58.7 (5873)
Case 3:23-cv-04597-EMC
Ineligiblec - 7.6 (762) 8.6 (855) 9.1 (909) 9.6 (955) 9.9 (992) 10.3 (1028)
Subset for the first 10,000 participants enrolled and providing demographic data that met inclusion criteria (through May 20, 2020).
a
Invalid Responses include those that are not biologically feasible (eg, “Pregnant” & “Menopause”) and are most likely because of user error;
b
There is no metadata captured for individuals who do not respond to the baseline or monthly surveys. This value is derived from subtracting the “Count Completed” column from the “Count Eligible”
columns in Table 2;
c
Individuals who reported a menstrual status of “Menopause,” “Pregnant,” or with an invalid response at baseline or in the monthly survey during a prior month are not eligible to receive the survey in
subsequent months. In addition, participants who withdrew (N=11) from the study are not eligible to receive the survey. The ‘Ineligible’ group is a cumulative sum across the 6 month follow-up period.
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Filed 03/13/26
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TABLE 3
Monthly menstrual survey response totals
Menstrual survey number Count completed Count eligiblea Percentage completedb
Baseline 9751 10,000 97.5 Mahalingaiah et al.
1 5748 9238 62.2
2 4413 9145 48.3
3 3902 9091 42.9
4 3752 9045 41.5
5 3437 9008 38.2
6 3099 8972 34.5
Case 3:23-cv-04597-EMC
a
Subset for the first 10,000 participants enrolled and providing demographic data that met inclusion criteria (through May 20, 2020). Monthly menstrual surveys started in January 2020. Consecutive
responses to surveys not required. Individuals who reported a menstrual status of “Menopause” or “Pregnant” at baseline or in the monthly survey were not eligible to receive the survey in subsequent
months. In addition, participants who withdrew from the study (N=11) are not eligible to receive the survey;
b
Percentage completed refers to proportion of individuals who were eligible to receive the baseline or monthly menstrual survey and completed the survey. Calculated using the ‘Count Completed’ and
‘Count Eligible’ columns.
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Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
Filed 03/13/26
Page 23
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Author Manuscript Author Manuscript Author Manuscript Author Manuscript
TABLE 4
Summary of surveys, topics, number and source of questions
Number of
Surveys Topics questions Source of questions
Profile Name, date of birth, email, phone number, country, and state. 7 Study-specific
Mahalingaiah et al.
Demographics Race and ethnicity, social economic status, zip code, body measurements, sex, 11 Study-specific, All of Us study (NIH), Behavioral
gender identity Risk Factor Surveillance System, Centers for
Disease Control and Prevention, US Census Current
Population Survey, MacArthur Scale of Subjective
Social Status
Menstrual status survey Menstrual status, tracking cycles, tracking pregnancy, tracking health 4 Study-specific
Monthly survey Menstrual Menstrual status, monthly tracking check-in, hormone use, health factors, 6 Study-specific
update pregnancy planning
Case 3:23-cv-04597-EMC
Pregnancy Pregnancy update, due date, pregnancy details, lactation. 10 Study-specific
update
Lactation Lactation update 1 Study-specific
update
Annual health survey Physical activity, nutrition, sleep habits, stress level, alcohol use, tobacco use, 30 Study-specific, National Health and Nutrition
electronic nicotine use, marijuana use, second-hand smoke, overall health Examination Survey, Centers for Disease Control and
Prevention, Perceived Stress Scale, All of Us study
(NIH)
Quarterly health survey Health update (sleep, nutrition, physical activity, stress, alcohol use, nicotine 6 Study-specific
use)
Document 307-1
Annual medical history Menstrual status; gynecologic, endocrine, heart, blood, digestive, kidney, lung, 24 Study-specific, Derived from OM Study, and Brief
musculoskeletal, mental health and brain and nervous system conditions; Health Literacy Screening Tool
cancer, infectious diseases, surgeries, gynecologic surgeries, gender and sexual
orientation, family medical history, medical forms
Reproductive history Participant’s birth details, early menstrual cycles, hormone use, hormone use 18 Study-specific and Derived from OM Study
details, pregnancy history
Adapted from Harvard University,10 Denny et al,11 Cohen et al,12 Adler et al,19 Centers for Disease Control and Prevention,30 Chew et al,31 Centers for Disease Control and Prevention.32
Am J Obstet Gynecol. Author manuscript; available in PMC 2023 September 25.
NIH, National Institutes of Health.
Filed 03/13/26
Page 24
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J. EXHIBIT J: ClinicalTrials.gov
Exhibit ClinicalTrials.gov registration for Apple's study, identifier NCT04196595,
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ClinicalTrials.gov
Record 8 of 26
The U.S. government does not review or approve the safety and science of all studies
listed on this website.
Read our full disclaimer (https://clinicaltrials.gov/about-site/disclaimer) for details.
Recruiting
Apple Women's Health Study
ClinicalTrials.gov ID NCT04196595
Sponsor Apple Inc.
Information provided by Apple Inc. (Responsible Party)
Last Update Posted 2024-07-03
Study Details Tab
Study Overview
Brief Summary
This is an observational longitudinal study to advance the understanding of menstrual cycle and
gynecologic health conditions including PCOS, infertility and breast cancer.The study will be hosted
within the Research app(available on App Store), which allows a user to find, enroll, and participate in
Apple-supported health-related research studies.
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ClinicalTrials.gov
Official Title
Apple Women's Health Study
Conditions
Menstrual Cycle Ovulation Menstruation Polycystic Ovary Syndrome Infertility
Menopause Reproduction Reproductive Health
Other Study ID Numbers
Pro00037562
Study Start (Actual)
2019-11-14
Primary Completion (Estimated)
2029-11
Study Completion (Estimated)
2029-11
Enrollment (Estimated)
500000
Study Type
Observational
Resource links provided by the National Library of Medicine
MedlinePlus Genetics (https://medlineplus.gov/genetics/) related topics: Polycystic ovary
syndrome (https://medlineplus.gov/genetics/condition/polycystic-ovary-syndrome)
MedlinePlus (https://medlineplus.gov/) related topics:
Infertility (https://medlineplus.gov/infertility.html) Polycystic Ovary
Syndrome (https://medlineplus.gov/polycysticovarysyndrome.html)
FDA Drug and Device Resources (https://clinicaltrials.gov/fda-links)
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ClinicalTrials.gov
Contacts and Locations
This section provides contact details for people who can answer questions about joining this study, and
information on where this study is taking place.
To learn more, please see the Contacts and Locations section in How to Read a Study
Record (https://clinicaltrials.gov/study-basics/how-to-read-study-record#contacts-and-locations).
Study Contact
Name: Shruthi Mahalingaiah, MD
Phone Number: 617-432-1356
Email: AppleWomensHealthStudy@hsph.harvard.edu
This study has 1 location
United States
Massachusetts Locations
Boston, Massachusetts, United States, 02115
Recruiting
Harvard T.H. Chan School of Public Health
Contact : Shruthi Mahalingaiah
617-432-1356
AppleWomensHealthStudy@hsph.ha
rvard.edu
Participation Criteria
Researchers look for people who fit a certain description, called eligibility criteria. Some examples of
these criteria are a person's general health condition or prior treatments.
For general information about clinical research, read Learn About
Studies (https://clinicaltrials.gov/study-basics/learn-about-studies).
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ClinicalTrials.gov
Eligibility Criteria
Description
Inclusion Criteria:
Have menstruated at least once
Be at least 18 years old (at least 19 years old in Alabama and Nebraska, at least 21 years
old in Puerto Rico)
Live in the United States of America
Be comfortable communicating in written and spoken English
Have installed the Apple Research app on your iPhone
Not share your iCloud account or iPhone with anyone else
Be willing and able to provide informed consent to participate in the study
Study Population
Convenience sampling of individuals who have ever menstruated and meet other eligibility criteria
Ages Eligible for Study
18 Years and older (Adult, Older Adult )
Sexes Eligible for Study
All
Accepts Healthy Volunteers
Yes
Sampling Method
Non-Probability Sample
Study Plan
This section provides details of the study plan, including how the study is designed and what the study
is measuring.
How is the study designed?
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ClinicalTrials.gov
Design Details
Observational Model : Cohort
Time Perspective: Prospective
What is the study measuring?
Primary Outcome Measures
Outcome Time
Measure Description
Measure Frame
Identify Characterized using duration of menstrual flow, Up to
Menstrual and cycle length in unit of days. 10
Cycle Patterns years
Epidemiologic Characterized using cycle patterns and self- Up to
Description of reported demographics, no unit of measure 10
Menstrual years
Cycle
Secondary Outcome Measures
Outcome Time
Measure Description
Measure Frame
Determine Characterized using menstrual cycle patterns Up to
prevalence of and self-reported health conditions, no unit of 10
gynecologic measure years
health
conditions
Collaborators and Investigators
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ClinicalTrials.gov
This is where you will find people and organizations involved with this study.
Sponsor
Apple Inc.
Collaborators
Harvard School of Public Health (HSPH)
National Institute of Environmental Health Sciences (NIEHS)
Investigators
Principal Investigator: Michelle A Williams, SM, ScD, Harvard School of Public Health (HSPH)
Principal Investigator: Russ B Hauser, MD, MPH, ScD, Harvard School of Public Health (HSPH)
Principal Investigator: Brent A Coull, PhD, Harvard School of Public Health (HSPH)
Principal Investigator: Shruthi Mahalingaiah, MD, MS, Harvard School of Public Health (HSPH)
Publications
From PubMed
These publications are automatically filled in from PubMed, a public database of scientific and medical
articles, and may or may not be about the study.
Zhang CY, Li H, Zhang S, Suharwardy S, Chaturvedi U, Fischer-Colbrie T, Maratta LA, Onnela JP,
Coull BA, Hauser R, Williams MA, Baird DD, Jukic AMZ, Mahalingaiah S, Curry CL. Abnormal
uterine bleeding patterns determined through menstrual tracking among participants in the Apple
Women's Health Study. Am J Obstet Gynecol. 2023 Feb;228(2):213.e1-213.e22. doi:
10.1016/j.ajog.2022.10.029. Epub 2022 Oct 29. (https://pubmed.ncbi.nlm.nih.gov/36414993)
Study Record Dates
These dates track the progress of study record and summary results submissions to ClinicalTrials.gov.
Study records and reported results are reviewed by the National Library of Medicine (NLM) to make sure
they meet specific quality control standards before being posted on the public website.
Study Registration Dates
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ClinicalTrials.gov
First Submitted
2019-11-13
First Submitted that Met QC Criteria
2019-12-10
First Posted
2019-12-12
Study Record Updates
Last Update Submitted that Met QC Criteria
2024-07-01
Last Update Posted
2024-07-03
Last Verified
2024-07
More Information
Terms related to this study
Keywords Provided by Apple Inc.
Menstruation
Menstrual Cycle
Ovulation
Polycystic Ovary Syndrome
Infertility
Menopause
Reproduction
Reproductive Health
Additional Relevant MeSH Terms
Ovarian Cysts
Cysts
Neoplasms
Ovarian Diseases
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ClinicalTrials.gov
Adnexal Diseases
Genital Diseases, Female
Female Urogenital Diseases
Female Urogenital Diseases and Pregnancy Complications
Urogenital Diseases
Genital Diseases
Gonadal Disorders
Endocrine System Diseases
Polycystic Ovary Syndrome
Infertility
Plan for Individual Participant Data (IPD)
Plan to Share Individual Participant Data (IPD)?
Undecided
Drug and device information, study documents, and helpful links
Studies a U.S. FDA-Regulated Drug Product
No
Studies a U.S. FDA-Regulated Device Product
No
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 73 of 217
K. EXHIBIT K: Apple.com
Example of Apple’s own website promoting its “menstruation” and “ovulation”
software products and “studies” in 2019.
https://www.apple.com/newsroom/2019/09/apple-announces-three-groundbreaking-health-studies/]
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studies - Apple
Newsroom Apple Services Apple Stories Search Newsroom
UPDATE
September 10, 2019
Apple announces three
groundbreaking health
studies
In Collaboration with Leading Medical Institutions,
Apple to Examine Hearing, Women’s, Mobility and
Heart Health
https://www.apple.com/newsroom/2019/09/apple-announces-three-groundbreaking-health-studies/ 1/6
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studies - Apple
Three new studies, available on the Research app later this fall, will explore new areas of
medical research.
Apple today announced three unprecedented medical studies, in
partnership with leading academic and research institutions, that will
reach more participants than has ever been possible. The studies will
be available on the new Research app,1 which democratizes how
medical research is conducted by bringing together academic medical
institutions, healthcare organizations and the Apple products
customers already make a part of their everyday life. Participants will
contribute to potential medical discoveries and help create the next
generation of innovative health products. The Research app will be
available as a free download in the App Store later this year.
“With the Apple Heart Study, we found that we could positively impact
medical research in ways that help patients today and that make
contributions that will benefit future generations,” said Jeff Williams,
Apple’s chief operating officer. “Today’s announcement carries our
commitment to health even further by engaging with participants on a
larger scale than ever before.”
The Apple Heart and Movement Study will look into the connection of heart health and
mobility signals, like walking pace.
The studies include:
Apple Women’s Health Study: In partnership with Harvard T.H.
Chan School of Public Health and the NIH’s National Institute of
Environmental Health Sciences (NIEHS), Apple has created the first
long-term study of this scale focused on menstrual cycles and
gynecological conditions. This study will inform screening and risk
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assessment of conditions like polycystic ovary syndrome (PCOS),
infertility, osteoporosis, pregnancy and menopausal transition.
Apple Heart and Movement Study: Apple is partnering with
Brigham and Women’s Hospital and the American Heart
Association on a comprehensive study of how heart rate and
mobility signals — like walking pace and flights of stairs climbed —
relate to hospitalizations, falls, heart health and quality of life in order
to promote healthy movement and improved cardiovascular health.
Apple Hearing Study: Alongside the University of Michigan, Apple
is examining factors that impact hearing health. The Apple Hearing
Health Study is the first of its kind to collect data over time in order
to understand how everyday sound exposure can impact hearing.
The study data will also be shared with the World Health
Organization (WHO) as a contribution toward its Make Listening
Safe initiative.
The Apple Women’s Health Study will explore gynecological conditions on an unparalleled
scale.
Apple’s support of the medical research community began with the
introduction of ResearchKit and CareKit, which expanded the pace and
scale at which healthcare could be studied and provided. Apple used
ResearchKit to create the Apple Heart Study, which was the largest
study of its kind and illustrated the impact virtual, large-scale studies
can have on medical research by examining atrial fibrillation to provide
validation for the irregular rhythm notification feature on Apple Watch.
“Women make up half of the world’s population, yet even today there
has been limited investment in studying their unique health needs,”
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said Michelle A. Williams, a reproductive epidemiologist and dean of
the faculty at the Harvard T.H. Chan School. “This study,
unprecedented in scope, will greatly advance our understanding of the
biological and social determinants of women’s health, and lead to
better health outcomes.”
“This is an exciting opportunity for NIEHS researchers to contribute to
the study design and use the resulting data to answer novel questions,
not only important to women of reproductive age, but to women of all
ages,” said Dale Sandler, Ph.D., chief of the NIEHS Epidemiology
Branch.
“We are excited to be working with all the study participants and with
Apple to identify the features of complex human physiology that lead
to different outcomes in wellness or chronic disease, and to use this
information to empower individuals to maximize their own health,” said
Calum MacRae, the vice chair of Scientific Innovation for the
Department of Medicine at Brigham and Women’s Hospital and
associate professor of Medicine at Harvard Medical School.
“At the American Heart Association, we are a relentless force for a
world of longer, healthier lives, and we are committed to educating and
empowering people to be proactive in all areas of their heart health
and general well-being,” said Nancy Brown, CEO of the American
Heart Association. “We believe that emerging technology solutions
that seek to provide deeper health insights offer great potential in
getting us there. We are collaborating with Apple and Brigham and
Women’s Hospital on the Apple Heart and Movement Study to explore
the correlation between a broad range of physical activities and a
person’s overall heart health to ultimately understand risks and
interventions to improve health.”
“We are excited about this unique opportunity to partner with Apple to
determine how everyday activities affect our hearing,” said DuBois
Bowman, dean of the University of Michigan School of Public Health.
“The information gleaned from this partnership will be critical for us to
address the public health impact of various noise exposures on
hearing loss in the United States.”
“The World Health Organization is pleased to note the announcement
of the Apple Hearing Study which will contribute toward our Make
Listening Safe initiative by improving our understanding of users’
listening behaviors,” said Dr. Shelly Chadha, technical officer of
Prevention of Deafness and Hearing Loss at the World Health
Organization. “With over a billion young people who could be at risk of
hearing loss due to unsafe listening, WHO is addressing this challenge
through raising awareness and setting new standards for safe listening.
The knowledge gained through this study will contribute to future
public health action in this field.”
Images of Apple Health Studies
Download all images
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1
Available in the US only.
Press Contacts
Apple Media Helpline Apple Media Helpline
media.help@apple.com media.uk@apple.com
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Formula 1® begins this weekend,
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March 5, 2026
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L. EXHIBIT L: White House Office of Science and
Technology Policy
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Your Comment Submitted on Regulations.gov (ID: OSTP_FRDOC_0001-
0008)
From no-reply@regulations.gov <no-reply@regulations.gov>
To Ashley Gjovik<ashleymgjovik@protonmail.com>
Date Thursday, June 29th, 2023 at 5:07 PM
Please do not reply to this message. This email is from a notification only address that cannot accept incoming
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Regulations.gov using your Comment Tracking Number.
Agency: OFFICE OF SCIENCE AND TECHNOLOGY POLICY (OSTP)
Document Type: Notice
Title: Request for Information: Extension of Comment Deadline Automated Worker Surveillance and Management
Document ID: OSTP_FRDOC_0001-0008
Comment:
I am filing a comment on behalf of myself, a worker with US labor agency charges & cases that involve critical
public policy concerns about worker surveillance and electronic monitoring. Please see attached memo in
response to this request for information.
Uploaded File(s):
OSTP Gjovik Comment 2023.pdf
For further information about the Regulations.gov commenting process, please visit
https://www.regulations.gov/faq.
https://mail.proton.me/u/0/inbox/q4OerrnDdgFI2Cnei2M_-jMRJxiYoAz-PQLyXancbcJo7bxvtxWxYapIYb8VE07ZRKjc-m5eJacApwocN3M8Tg== 1/1
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Ashley M. Gjovik, J.D.
ashleymgjovik@protonmail.com
U.S. OFFICE OF SCIENCE AND
TECHNOLOGY POLICY
Request for Information:
INFORMATION
Automated Worker
Surveillance and
Management Associated Cases:
Federal Register No. 2023-12995
U.S. Department of Labor:
Ashley Gjovik v Apple (9-3290-22-051)
Doc ID: OSTP_FRDOC_0001-0008
U.S. National Labor Relations Board
NLRB v Apple (32-CA- 284428)
California Department of Labor:
Ashley Gjovik v Apple (RCI-CM-842830)
Associated Investigations:
U.S. National Labor Relations Board
Charge No. 32-CA-282142, 32-CA-283161, & 32-
CA-288816 (Division of Advice & Region 31)
U.S. Federal Trade Commission
Report No. 154835129
U.S. Securities & Exchange Commission
Tip No. 16488- 304-158- 087 (SF Regional Office)
German Federal Commissioner for Data Protection
and Freedom of Information (BfDI)
Complaint No. # 11-540 II#3693 (Bavaria Office)
-1-
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TABLE OF CONTENTS
INTRODUCTION ........................................................................................................................................................ 4
APPLE’S CULTURE OF “LOYALTY” & INTIMIDATION ................................................................................................. 6
ELECTRONIC MONITORING & DATA COLLECTION.................................................................................. 12
“FACE ID”& APPLE’S FACE “GOBBLER” APPLICATION ........................................................................................... 12
EAR STUDIES ............................................................................................................................................................ 27
OTHER USER STUDIES .............................................................................................................................................. 30
RADAR & SYSDIAGNOSE .......................................................................................................................................... 32
SECRECY................................................................................................................................................................... 33
SECRECY POLICIES ................................................................................................................................................... 33
SEARCH AND PRIVACY POLICIES.............................................................................................................................. 35
PUBLIC POLICY ...................................................................................................................................................... 40
CONCLUSION........................................................................................................................................................... 46
ORIGINALLY SUBMITTED AS “COMPLAINT FOR INVASION OF PRIVACY” IN APRIL 2022;
REVISED FOR OSTP IN JUNE 2023
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June 29, 2023
To Whom it May Concern,
The United States’ legal protections for human rights at work lags far behind countries in
the European Union, especially France and Germany. Similarly, national legal protections for
digital privacy are basically non-existent in the United States and are decades behind other
nations.
Over the last few years, we have witnessed increasing surveillance, electronic
monitoring, and digital exploitation of workers in the United States. We have also seen an
increasing number of requests from politicians, agencies, unions, and civil society asking the US
government for legal protections for workers.
Despite numerous and persistent requests from Senators,1 NGOs,2 unions, and from
workers themselves 3 – there is no progress to be seen. Despite a number of agency memos 4 and
social media posts, we have yet to see any new legal protections or even any meaningful
enforcement of violations of existing laws.
While you will likely receive comments and information from groups with more
expertise on the history, policy, and legal landscape of this topic – what I can offer you is a first-
hand case study in failure.
My story as a worker in the United States, for one of the biggest companies in this
country, highlights the lack of legal protections for workers, the lack of express privacy
protections for citizens, and the lack of any actual enforcement mechanism even for egregious
violations of the narrow privacy/labor laws we do have on the books today. My story also
highlights how my employer understood this current landscape and thus acted with an aggressive
1
Letter from Senator Casey to U.S. Department of Labor, August 26 2022,
https://www.casey.senate.gov/imo/media/doc/letter_to_the_department_of_labor_re_worker_privacy.pdf
2
CDT, GFI, Others Send Memos Urging White House to Take Action on Electronic Workplace Surveillance, April 3
2023, https://cdt.org/insights/cdt-gfi-others-send-memos-urging-white-house-to-take-action-on-electronic-
workplace-surveillance/ ; AI Now, Algorithmic Management: Restraining Workplace Surveillance,
https://ainowinstitute.org/publication/algorithmic-management
3
TechCrunch, Ex-Apple employee takes Face ID privacy complaint to Europe, April 11 2022,
https://techcrunch.com/2022/04/11/gobbler-complaint-europe/
4
U.S. NLRB, NLRB General Counsel Issues Memo on Unlawful Electronic Surveillance and Automated
Management Practices, https://www.nlrb.gov/news-outreach/news-story/nlrb-general-counsel-issues-memo-on-
unlawful-electronic-surveillance-and
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disregard for the law, ethics, or social norms. So far, they were right & they have faced no
consequences.
In March 2022, I received a written statement from my employer’s lawyers admitting
they fired me (with multiple federal investigations already open due to my charges against them
for whistleblower retaliation, environmental and labor violations, and fraud); but claiming I was
not fired in retaliation for that, but instead fired for supposedly ‘legal’ retaliation for my protests
of their unlawful surveillance of employees, their intimidation and censorship of employees, and
their coercive harvesting of sensitive worker information in order to build their products (in ways
that they admitted in writing that would be illegal in France of Germany). 5 In response, in
addition to complaining further to US agencies, I also filed a complaint to other countries where
my ex-employer has large offices.6
Despite overwhelming evidence and even a written confession admitting what my
employer has done, my charges have sat with federal agencies for nearly two years now
gathering dust. Despite my being a US citizen and all of this occurring within the United States,
as far as I can tell, there has been more progress investigating my claims in Germany then there
has been in the United States.7
Introduction
I worked for Apple as a Senior Engineering Program Manager from February 2015 until
my termination on September 9 2021. During my tenure with Apple, I participated in
engineering project management of numerous high-profile products such as the iPhone, iPad,
iPod, Apple Watch, MacBook MacBook Pro, MacBook Air, Mac Pro, iOS, macOS, watchOS --
and high-profile projects/programs such as the launch of the Apple Music subscription service,
Apple’s transition of computers from Intel to Apple silicon, and the development of a company-
5
Gizmodo, Apple Wanted Her Fired. It Settled on an Absurd Excuse, Oct 14 2021, https://gizmodo.com/apple-
wanted-her-fired-it-settled-on-an-absurd-excuse-1847868789
6
Télérama, Ashley Gjøvik, lanceuse d’alerte licenciée par Apple, seule contre tous, March 14 2023,
https://www.telerama.fr/debats-reportages/ashley-gjovik-lanceuse-d-alerte-licenciee-par-apple-seule-contre-tous-
7014661.php
7
Der Speigel, Apple lädt Mitarbeiter zu Datenparty – um Gesichter zu scannen, June 24 2022,
https://www.spiegel.de/netzwelt/gadgets/apple-laedt-mitarbeiter-zu-daten-party-um-gesichter-zu-scannen-a-
54c4a2da-0f39-48be-9762-1bda39fcca8e
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wide Artificial Intelligence ethics policy. I was told by my Apple managers that I was both “key
talent” (irreplaceable) and a “high performer.”
In August 2021, I expressed public concerns about Apple’s overly restrictive and
invasive employee policies, and Apple pressuring its employees to participate in invasive data
collection procedures, including scans of ears/ear canals (which I believed captured employee
data that could be used for biometric identification and mass surveillance). I also raised concerns
about an iOS application (the Face “Gobbler”) on employees’ iPhones that automatically took
photos/videos whenever it “thought it saw a face.” 8 I raised concerns about Apple’s unlawfully
invasive “Search and Privacy Policy” for employees, Apple’s limitless access to employees’
personal iCloud/Apple-server-based data, and Apple’s culture of intimidation and secrecy
including a private police force with access to all of the above data.9
Apple terminated me on September 9 2021 for reasons unknown to me at that time but
assumed by myself and the press to be retaliation for my protected activities (I had filed labor
and retaliation charges with the U.S. government only weeks earlier; and the US EPA demanded
an inspection of my Superfund office due to my disclosures, conducted the inspection and found
CERCLA non-compliance issues also only weeks prior).10 11
Apple contacted me via external lawyers a week after I was fired to complain about
several Twitter posts I made. Suggesting these posts were the reason for my termination was so
farfetched & pretextual that a detailed article was written about it, titled “Apple Wanted Her
Fired. It Settled on an Absurd Excuse.”12
Last year, Apple offered their explanation for my termination to the U.S Department of
Labor (in response to my allegations of federal whistleblower retaliation in violation of SOX,
8
Zoe Schiffer, "Apple Cares About Privacy, Unless You Work at Apple," The Verge, Aug 30, 2021,
https://www.theverge.com/22648265/apple-employee-privacy-icloud-id
9
Sarah Roach, "Worker surveillance is making employees miserable. What to consider before implementing
monitoring tools," Protocol, Sept 20 2021, https://www.protocol.com/workplace/worker-surveillance-is-making-
employees-miserable
10
Patrick McGee, "US labour board examines retaliation claims against Apple: Senior engineering program
manager’s allegations include workplace harassment and job reassignment," Financial Times, Sept 2 2021,
https://www.ft.com/content/484fa8be-925e-495c-91ff-54950b112754
11
US EPA, TRW Microwave Superfund,
https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.docdata&id=0901181
12
Dell Cameron, Apple Wanted Her Fired. It Settled on an Absurd Excuse, Gizmodo (Oct 2021),
https://gizmodo.com/apple-wanted-her-fired-it-settled-on-an-absurd-excuse-1847868789
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CERCLA, and OSHA statutes).13 Apple doubled down on the “absurd excuse” & cited my
opposition to their harvesting of employee biometrics and their secret, invasive photography of
employees as a legitimate justification for my termination.14 I am now even more concerned
knowing Apple felt comfortable telling the U.S. government that they believe their unlawful
invasion of employee privacy is “legitimate” and any employees who protest privacy invasions
deserve to be terminated, as I was. Any argument Apple had that employees consented to these
practices was thrown out the window when they formally claimed I was terminated without
warning for protesting those practices.
APPLE’S CULTURE OF “LOYALTY” & INTIMIDATION
I will describe some of these practices which Apple claimed were so secret, they’d
terminate an employee for protesting and exposing them. However, first, it is important to
establish that at Apple, there is a long-standing tradition that workers keep their mouths shut, do
what they are told, and be ‘loyal’ to the company above all else.
GDPR recognizes that employment relationships are inherently coercive and thus
employees cannot provide meaningful consent to invasive surveillance and data collection
practices. In the US, we sometimes still default to a neoliberal view that a ‘request’ or
‘preference’ from an employer is somehow optional and thus employees have agency to decline.
This is not accurate and Apple provides an incredible example of how many US companies
operate but may be too afraid to explain aloud. Apple says the quiet parts aloud because they
have terrorized their employees to the extent Apple was sure their employees would not report
the misconduct.
In stark contrast to international labor standards, Apple’s “Worldwide Loyalty Team”
“does KGB-style lockdowns [of employees] and Gestapo interrogations that end in suicides.” 15
The team is an “internal secret police team known for its network of informers, and ruthless,
13
Patrick McGee, "Apple faces probe over whether it retaliated against whistleblower," Financial Times, Dec 13
2021, https://www.ft.com/content/973aae8d-21d9-4e84-8912-ead071c7935d
14
Letter from Apple Inc (via Orrick, Herrington & Sutcliffe LLP) to U.S. Department of Labor, March 4 2022, Re:
Ashley Gjovik v. Apple Inc., Case No. 9-3290-22-051
15
Gawker, Apple's Sleazy Secret Police Lose Their Leader, Nov 4 2011, https://www.gawker.com/5856260/apples-
sleazy-secret-police-lose-their-leader
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systematic pursuit of leakers.” 16 “Among some employees, they are known as the “Apple
Gestapo,” a group of moles always spying in headquarters and stores, reporting directly to the
CEO.”17 Apple holds out its security policies out as “voluntary” meanwhile: “management
recommends that you relinquish your phones. If you don't do it they will fire you, or they will
investigate why you didn't want to give them your cellphone.” 18
Apple’s Global Security team has a sketchy history, including Apple employees accused
in 2011 of impersonating policemen and searching a man’s San Francisco home for a lost
prototype, and threatening to have the man deported if he did not cooperate. 19 Apple was also
accused in 2010 of violating California's shield law with an illegal search warrant, when they
searched the home of a journalist, again looking for a prototype. 20 Gawker described Apple’s
secret police as “sleazy.”
Apple employees’ experience with this Gestapo have been described by the press as
“knowing how it feels to be watched, to always be considered guilty of crimes against another
kind of state. Knowing how it felt to have no privacy whatsoever when he was working right
here, in a little Californian town called Cupertino, in a legendary place located in One Infinite
Loop.” 21 Indeed, a few years later an ex-Apple executive described the culture at Apple as
“everything is on a need-to-know basis” and that Apple has “cells, like a terrorist
organization.”22
Further, while some Apple employees may report an earnestly positive experience, the
company is large and has decades of history of very negative experiences for many others. Apple
has gone to great lengths to conceal and cause society to forget its bad behavior. Apple has a
16
Gawker, Apple's Sleazy Secret Police Lose Their Leader, Nov 4 2011, https://www.gawker.com/5856260/apples-
sleazy-secret-police-lose-their-leader
17
Gizmodo, Apple Gestapo: How Apple Hunts Down Leaks, Dec 15 2009, https://gizmodo.com/apple-gestapo-how-
apple-hunts-down-leaks-5427058
18
Gawker, Apple's Sleazy Secret Police Lose Their Leader, Nov 4 2011, https://www.gawker.com/5856260/apples-
sleazy-secret-police-lose-their-leader
19
Gawker, Apple's Sleazy Secret Police Lose Their Leader, Nov 4 2011, https://www.gawker.com/5856260/apples-
sleazy-secret-police-lose-their-leader
20
CNET, Apple pushed security executive out, https://www.cnet.com/news/source-apple-pushed-security-executive-
out/ ; MarketWatch,Police task force oversight committee has included Apple,
https://www.marketwatch.com/story/apple-has-sat-on-steering-committee-for-task-force-2010-04-27
21
Gawker, Apple's Sleazy Secret Police Lose Their Leader, Nov 4 2011, https://www.gawker.com/5856260/apples-
sleazy-secret-police-lose-their-leader
22
This Is How Apple Keeps the Secrets, 2012, https://fortune.com/2012/01/18/the-secrets-apple-keeps/
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long history of child labor,23 “sweatshop” working conditions, 24 hexane poisoning,25 mishandling
of toxic waste,26 worker “interrogations” leading to suicide, 27 suicides at the corporate
headquarters,28 “no-suicide vows,”29 “suicide nets,”30 and even lobbying for forced labor.31
Workers from Silicon Valley to Albania complain of surveillance, invasions of privacy,
oppression, and unsafe work conditions.32
Apple workers around the globe have been involved in organizing since at least the 1990s.
Apple worker organizations have been made up of retail, corporate, contract, and other workers.
Unionization efforts started in the United States back in 1991 with Apple’s janitors successfully
unionizing with SEIU through protests, boycotts, press coverage, and even a hunger strike. 33
In 2013, retail workers started organizing a “Apple Retail Workers Union” and calling for a
formal labor union.34 Apple security guards started organizing and looking to form a union in 2014
23
Guardian, “Child labour uncovered in Apple's supply chain: Internal audit reveals 106 children employed at 11
factories making Apple products in past year,” 2013 , https://www.theguardian.com/technology/2013/jan/25/apple-
child-labour- supply; BBC, “Apple, Samsung and Sony face child labour claims,” 2016,
https://www.bbc.com/news/technology-35311456 ; AP, “Lawsuit: Apple, Microsoft profit from child cobalt miners,”
2019, https://apnews.com/article/technology-business- africa-lawsuits-politics-a950d585f885f670aee416db8973e3f3
24
Washington Post, “Sweatshop Conditions at IPod Factory Reported,” 2006,
https://www.washingtonpost.com/wp- dyn/content/article/2006/06/15/AR2006061501898.html
25
ICRT, “Harsh Reality Behind Apple Scandal,” https://icrt.co/harsh-reality-behind-apple-scandal/ ; Wired,
“Workers Plan to Sue iPhone Contractor Over Poisoning,” 2010 https://www.wired.com/2010/05/wintek-
employees-sue/
26
California DTSC, “Apple Agrees to Pay $450,000 to Settle Hazardous Waste Violations,” 2016,
https://dtsc.ca.gov/2016/12/06/apple-agrees-to-pay-450000-to-settle-hazardous-waste-violations/
27
Gizmodo, “Report: iPhone Leak Interrogations Drive Foxconn Employee to Suicide,” 2009,
https://gizmodo.com/report- iphone-leak-interrogations-drive-foxconn-employ-5319275
28
CNN, “Apple employee found dead at HQ shot himself,” 2016,
https://money.cnn.com/2016/04/28/technology/apple- employee-death-gun-suicide/index.html
29
NBC News, “Chinese factory asks for 'no suicide' vow,” 2010, nbcnews.com/id/wbna37354853
30
WIRED, “Foxconn Rallies Workers, Leaves Suicide Nets in Place,” 2010,
https://www.wired.com/2010/08/foxconn- rallies-workers-installs-suicide-nets/
31
Washington Post, “Apple is lobbying against a bill aimed at stopping forced labor in China,” 2020,
https://www.washingtonpost.com/technology/2020/11/20/apple-uighur/
32
What It’s Like to Work Inside Apple’s ‘Black Site’: Contractors a few miles from the company’s spaceship-like
headquarters live in fear of termination—and the bathroom lines. Bloomberg, (Feb 2019),
https://www.bloomberg.com/news/features/2019-02-11/apple-black-site-gives-contractors-few-perks-little-security ;
Big Tech call center workers face pressure to accept home surveillance: Workers at one of the world’s largest call
center companies said additional monitoring would violate the privacy of their families in their homes. NBC News:
(Aug 2021), https://www.nbcnews.com/tech/tech-news/big-tech-call-center-workers-face-pressure-accept-home-
surveillance-n1276227
33
UNION CLAIMS KEY VICTORY IN BID TO `CLEAN UP` SILICON VALLEY, Chicago Tribune, 1992,
https://www.chicagotribune.com/news/ct-xpm-1992-07-20-9203050495-story.html
34
Apple Store Employee Cory Moll Seeks Union For Retail Staffers, Huffpost, Jun 13 2011,
https://www.huffpost.com/entry/apple-store-employees-union-cory-moll-retail-workers_n_875767
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with SEIU.35 At that time, a USWW union executive complained, “Apple frequently intimidates
workers and retaliates against those who get involved with the union around the country.” 36
In 2015, Apple shuttle and bus drivers successfully unionized with the Teamsters. 37 Starting in
2022, numerous Apple Retail Stores in the US have attempted to unionize.38 Union-busting tactics
were already reported early on.39 Apple retail store employees in Atlanta Georgia withdrew an
election citing ‘illegal union-busting tactics’ by Apple.40 “Apple has conducted a systematic,
sophisticated campaign to intimidate them and interfere with their right to form a union,” the CWA
representative said. 41 NLRB General Counsel found merit Apple was unlawfully forcing workers to
attend captive audience meetings.42 In September 2022, an Oklahoma City Apple retail store
petitioned for an election, represented by CWA, and voted to unionize in October of 2022. They also
filed charges with the NLRB against Apple for “illegally surveilling, threatening and questioning
workers at the Oklahoma City store.” 43 44
In October 2022, the NLRB issued a complaint against Apple over accusations that Apple
interrogated its retail workers about their union support and prevented pro-labor fliers in a store break
room.45 The union accused Apple of interrogating staff at a World Trade Center store and
35
Guards Need Job Security of Their Own, Say Apple Store Protesters, In These Times, 2014,
https://inthesetimes.com/article/guards-need-security-of-their-own-say-apple-store-protesters
36
Guards Need Job Security of Their Own, Say Apple Store Protesters, In These Times, 2014,
https://inthesetimes.com/article/guards-need-security-of-their-own-say-apple-store-protesters
37
Silicon Valley Shuttle Drivers Vote to Join Union, Feb 2015, NYT,
https://archive.nytimes.com/bits.blogs.nytimes.com/2015/02/28/silicon-valley-shuttle-drivers-vote-to-join-
union/?_r=0
38
Some U.S. Apple Store employees are working to unionize, part of a growing worker backlash, Washington Post,
Feb 18 2022, https://www.washingtonpost.com/technology/2022/02/18/apple-retail-stores-union-labor/
39
Some U.S. Apple Store employees are working to unionize, part of a growing worker backlash, Washington Post,
Feb 18 2022, https://www.washingtonpost.com/technology/2022/02/18/apple-retail-stores-union-labor/
40
Apple Atlanta Workers Drop Bid for Union Vote Next Week, Claiming Intimidation, Bloomberg, May 27 2022,
https://www.bloomberg.com/news/articles/2022-05-27/apple-atlanta-workers-drop-bid-for-unionization-vote-next-
week
41
Apple Atlanta Workers Drop Bid for Union Vote Next Week, Claiming Intimidation, Bloomberg, May 27 2022,
https://www.bloomberg.com/news/articles/2022-05-27/apple-atlanta-workers-drop-bid-for-unionization-vote-next-
week
42
The Fallout From Apple’s Bizarre, Dogged Union-Busting Campaign, WIRED, July 28 2022,
https://www.wired.com/story/apples-union-busting-campaign-caused-a-bad-fallout/
43
An Apple Store in Oklahoma City votes to unionize, TechCrunch, Oct 15 2022,
https://techcrunch.com/2022/10/15/an-apple-store-in-oklahoma-city-votes-to-unionize/
44
Apple Employees in Oklahoma City Petition to Unionize Store, Bloomberg, September1 2022,
https://www.bloomberg.com/news/articles/2022-09-01/apple-employees-in-oklahoma-city-petition-to-unionize-
store?sref=ExbtjcSG
45
NLRB Issues Complaint Against Apple, NYT, Oct 4 2022, https://www.nytimes.com/2022/10/04/business/apple-
store-nlrb-ruling.html
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discriminating against union supporters in enforcing a no-soliciting policy.46 In June 2023, an NLRB
judge ruled against Apple, finding Apple violated federal labor law.47
In December 2022, Apple retail workers organizing with CWA in Columbus Ohio filed a
complaint to the NLRB alleging Apple was “soliciting employees to join an employer-created /
employer-dominated labor organization as a means of stifling union activities” (aka an unlawful
company union) in addition to holding captive audience meetings and making threats. 48 In December
2022, NLRB found merit that Apple violated the NLRA in Atlantic Georgia.49 In January 2023,
NLRB found merit in five unfair labor practice charges filed by corporate employees. 50
In China, Apple directly employs 12,000 workers across its retail and corporate divisions and
claims agency over 4.8 million workers in the country; likely most are contracted through Apple’s
suppliers and manufacturing plants, including at least 1.2 million working at Foxconn’s iPhone
assembly factories. 51 Foxconn is the largest unionized company in the world. Foxconn made global
headlines with a wave of worker suicides at the company’s Chinese plants in 2009 and 2010, and
after its treatment of its huge workforce has attracted intense scrutiny. Foxconn and Apple’s response
to the suicides was to have large nets installed outside many of the buildings to catch falling bodies
(“suicide nets”), and workers were made to sign pledges stating they would not attempt to kill
themselves.52 Foxconn has become a focus for criticism of practices widespread in Chinese factories
including illegal overtime, low pay, and the use of underage workers. 53 Even last year, Foxconn’s
Apple factories were in the news again – now with allegations of indentured servitude and
46
Apple Created a Pseudo-Union to Defeat Organizers in Ohio, Complaint Claims, Bloomberg, December 16 2022,
https://www.bloomberg.com/news/articles/2022-12-16/apple-created-pseudo-union-to-defeat-organizers-complaint-
says
47
Bloomberg, Apple Illegally Interrogated Staff About Union, Judge Rules, June 2023,
https://www.bloomberg.com/news/articles/2023-06-21/apple-illegally-interrogated-staff-about-union-judge-rules
48
Apple Created a Pseudo-Union to Defeat Organizers in Ohio, Complaint Claims, Bloomberg, December 16 2022,
https://www.bloomberg.com/news/articles/2022-12-16/apple-created-pseudo-union-to-defeat-organizers-complaint-
says
49
Apple Created a Pseudo-Union to Defeat Organizers in Ohio, Complaint Claims, Bloomberg, December 16 2022,
https://www.bloomberg.com/news/articles/2022-12-16/apple-created-pseudo-union-to-defeat-organizers-complaint-
says
50
Apple Executives Violated Worker Rights, Labor Officials Say, Bloomberg, Jan 30 2023,
https://www.bloomberg.com/news/articles/2023-01-30/apple-executives-violated-worker-rights-us-labor-officials-sa
51
Apple Supports 4.8 Million Jobs in China, More Than Double US Total, Yahoo, March 17 2017 ,
https://www.yahoo.com/news/apple-supports-4-8-million-135220928.html
52
Life and death in Apple’s forbidden city, The Guardian, Jun 18 2017,
https://www.theguardian.com/technology/2017/jun/18/foxconn-life-death-forbidden-city-longhua-suicide-apple-
iphone-brian-merchant-one-device-extract
53
Foxconn plans Chinese union vote, CNN, Feb 4 2013, https://edition.cnn.com/2013/02/03/business/china-
foxconn-union/index.html
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trafficking, and when workers protested the abuse, they were met with beatings by state police. 54
On December 18, 2014, retail workers in Apple’s Japan stores announced a union affiliated
with Tozen. Three of Japan's ten Apple stores are now unionized with Tozen. 55 There have also been
unions and worker protests in India. In December 2020, thousands of contract workers at a Bangalore
factory owned by Apple supplier Wistron Corp protested over alleged non-payment of wages.56
Other violations highlighted found upon further investigation included underpayment of wages to
contract workers and housekeeping staff, and making female staff work overtime without legal
authorization.57 In December 23 2021, 159 workers protested for poor working conditions and a mass
poisoning incident.58 Twenty-two activists, including leaders of the Centre of Indian Trade Unions
(CITU), were put behind bars for extending support to the workers and visiting them. 59
In September 2022, Australian workers brought Apple to the Fair Work Commission over
employee demands for better pay and a guaranteed weekend. 60 The workers secured a protected
action order with the nation’s Fair Work Commission, which would allow them to protest without
risking their jobs or getting sued.61 The national secretary of the SDA Union, accused Apple of
acting like “a cheap bully in a cheap suit” and said it never should have taken intervention from the
Fair Work Commission for Apple to come to the table. “This giant multinational should have more
regard for the welfare of its Australian workforce than to try to dictate a pre-determined outcome it
wants to impose rather than engaging in genuine bargaining. This is Australia not the United States,”
he said.62 In October 2022, with three Australian unions negotiating with Apple for better pay,
54
Foxconn apologizes for pay dispute at China factory, San Diego Union-Tribune, Nov 24 2022,
https://www.sandiegouniontribune.com/business/nation/story/2022-11-24/foxconn-apologizes-for-pay-dispute-at-
china-factory
55
Apple Retail Workers Unionize in Japan, Tozen, 2014, https://tozenunion.org/apple-retail-workers-unionize-in-
japan/
56
India: arrests made after protest over food poisoning at Apple supplier Foxconn site in Chennai , SCMP,
December 20 2021, https://www.scmp.com/news/asia/south-asia/article/3160425/india-arrests-made-after-protest-
over-food-poisoning-apple
57
Apple puts supplier Wistron on notice after Indian factory violence, Reuters, December 19 2020,
https://www.reuters.com/article/apple-india-idCAKBN28T0DW
58
TN: Underpaid and Exploited Foxconn Workers Burst in Protest After Workers Fell ill, Newsclick, 23 December
2021, https://www.newsclick.in/TN-Underpaid-Exploited-Foxconn-Workers-Burst-Protest-Workers-Fell-ill
59
TN: Underpaid and Exploited Foxconn Workers Burst in Protest After Workers Fell ill, Newsclick, 23 December
2021, https://www.newsclick.in/TN-Underpaid-Exploited-Foxconn-Workers-Burst-Protest-Workers-Fell-ill
60
‘Bully in a cheap suit’: Apple agrees to negotiate with Australian staff after union showdown, The Guardian,
September 21 2022, https://www.theguardian.com/technology/2022/sep/21/bully-in-a-cheap-suit-apple-agrees-to-
negotiate-with-australian-staff-after-union-showdown
61
Australian Workers Are the Latest International Apple Staff to Unionise, VICE, September 8 2022,
https://www.vice.com/en/article/qjk3eb/australian-workers-union-apple-strike
62
‘Bully in a cheap suit’: Apple agrees to negotiate with Australian staff after union showdown, The Guardian,
September 21 2022, https://www.theguardian.com/technology/2022/sep/21/bully-in-a-cheap-suit-apple-agrees-to-
negotiate-with-australian-staff-after-union-showdown
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benefits, and working conditions – 150 workers engaged in a strike.63
Apple is a huge multinational corporation based in the United States with a long history of
labor and human rights violations in their domestic and international supply chain and
operations. If Apple is not held accountable in the country the corporation is headquartered in,
what hope do other countries have in enforcing international labor standards against Apple
abroad? The United States must set expectations for Apple here & abroad – that whether it is
California labor and privacy laws, United States labor statutes, foreign national labor laws, or
international standards such as from the International Labor Organization – whether it is
employees, contractors, or vendors – Apple should be expected to made a good faith effort to
follow the law, and governments should be able to investigate allegations of misconduct with
independence and integrity. But that is not occurring; enter, my case study.
Electronic Monitoring & Data Collection
“FACE ID”& APPLE’S FACE “GOBBLER” APPLICATION
Apple announced its “Face ID” iPhone authentication feature on September 12, 2017.64
Face ID captures, collects, and possesses Face ID users’ facial geometry by “projecting and
analyzing tens of thousands of invisible dots to create a depth map of [the user’s] face and also
captures an infrared image of [the user’s] face.”65 Face ID data is “refined and updated as
[users] use Face ID.”66 Apple says their average users unlock their phones 80 times a day, but
other reports state people look at their phones upwards of 130 times a day. 67 Apple says Face ID
is “attention aware” and only unlocks an iPhone when the user’s eyes are open and looking at
the screen.68
63
New Crack in Apple’s Armor as Dozens Strike at Its Stores in Australia, NYT, Oct 18 2022,
https://www.nytimes.com/2022/10/17/business/apple-store-strike-australia.html
64
Apple announced Face ID during the unveiling of the iPhone X on September 12, 2017,
https://www.theverge.com/2017/9/12/16288806/apple-iphone-x-price-release-date-features-announced
65
Apple Inc, About Face ID advanced technology, https://support.apple.com/en-us/HT208108
66
Apple Inc, Face ID Privacy, https://www.apple.com/legal/privacy/data/en/face-id/
67
Ben Bajarin, Apple’s Penchant for Consumer Security, Techpinions, April 2016, https://techpinions.com/apples-
penchant-for-consumer-security/45122,
68
Apple Inc, Change Face ID and attention settings on iPhone, https://support.apple.com/en-
ph/guide/iphone/iph646624222/ios
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Privacy concerns arose quickly after launch, the security of biometrics gathered/stored by
Face ID.69 TechCrunch wrote, “Face ID raises a range of security and privacy concerns because
it encourages smartphone consumers to use a facial biometric for authenticating their identity
and specifically a sophisticated full three-dimensional model of their face.”70 Concerns were also
raised the year before about Apple’s “faceprints” in its Photos applications. The Verge wrote,
“There’s a real privacy issue at stake… Facial recognition can be put to some very creepy uses
when faceprints are freely available.” 71
A researcher warned in 2017, “once the Face ID system is enabled, the iPhone X can
become a potential technology for users to be spied on without noticing. Information about faces
can contain a lot of personal information like age, gender, race but also emotions. Face ID can
recognize these emotions and this information can for example be combined with on-screen
content like advertisements and websites. Face ID technology might also ‘read’ the environment
of the iPhone’s user. The technology might be aware of the user’s specific living conditions.” 72
In 2017, Senator Al Franken wrote to Apple (via Tim Cook), expressing concerns and
requesting clarifications about the privacy of Apple’s Face ID feature. Apple responded saying,
“Face ID uses facial matching neural networks that we developed using over a billion images,
including IR and depth images collected in studies conducted with the participants’ informed
consent.” 73 Meanwhile, however, Apple was pressuring employees to upload their “faceprint
data” to Apple internal servers, capturing secret photographs and videos of employees, and told
employees that face-related logs were automatically uploaded from their iPhones daily. Further,
with Apple’s internal Mobile Device Management (MDM) profiles and other security tools, it’s
doubtful whether the data would even need to be “uploaded” or if Apple already had access if
they wanted it. 74
69
App developer access to iPhone X face data spooks some privacy experts, https://www.reuters.com/article/us-
apple-iphone-privacy-analysis/app-developer-access-to-iphone-x-face-data-spooks-some-privacy-experts-
idUSKBN1D20DZ
70
Natasha Lomas, Apple responds to Senator Franken’s Face ID privacy concerns, TechCrunch (October 17, 2017),
https://techcrunch.com/2017/10/17/apple-responds-to-senator-frankens-face-id-privacy-concerns/
71
The Verge, Apple's new facial recognition feature could spur legal issues, 2016,
https://www.theverge.com/2016/6/16/11934456/apple-google-facial-recognition-photos-privacy-faceprint
72
Amber de Zeeuw, iPhone Face ID: Privacy issues we should worry about, 2017,
https://mastersofmedia.hum.uva.nl/blog/2017/09/25/iphone-face-id-privacy-issues-we-should-worry-about/
73
Natasha Lomas, Apple responds to Senator Franken’s Face ID privacy concerns, TechCrunch (October 17, 2017),
https://techcrunch.com/2017/10/17/apple-responds-to-senator-frankens-face-id-privacy-concerns/
74
CDEMI, Never accept an MDM policy on your personal phone, 2019, https://blog.cdemi.io/never-accept-an-
mdm-policy-on-your-personal-phone/
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In 2017, Craig Federighi said that because “the [Face ID training] data needed to include
a high-fidelity depth map of facial data,” “Apple went out and got consent from subjects to
provide scans that were quite exhaustive. Those scans were taken from many angles and contain
a lot of detail that was then used to train the Face ID system.” 75
On Jan 9 2019, the Apple manager running Gobbler, posted an article to LinkedIn called
“Data Collection” where he wrote, “During the lead up to Face ID being launched, my team
went out and collected a large set of potential aggressors to see if we were missing anything in
our larger data collections, things would be normal to a regular user.” 76 Later that year, he
posted again about the work Apple did on Face ID, saying that “tons of data was being collected
at the time to cover all the bases.” 77
In 2017, Craig Federighi said Apple “went to great lengths to gather its own data on
facial shapes and angles.”78 Federighi said, Apple “retains a high-fidelity depth map of that
[training] data” and “as Apple trains these models and iterate on these algorithms,” Apple
“wants raw sensor data to use and develop and optimize them.” 79 Federighi, said “When it
comes to customers, Apple gathers absolutely nothing itself via Face ID and that Apple does not
gather customer data when you enroll in Face ID, it stays on your device, we do not send it to
the cloud for training data.” 80 Federighi did not distinguish a customer in range of the hot &
hungry camera of an Apple employee’s iPhone with Gobbler installed.
Apple never responded directly to one of the Senator’s questions, either to the U.S.
Senate or to the press. The Senator asked, “Apple has stated that it used more than one billion
images in developing the Face ID algorithm. Where did these one billion face images come
from?”81 Apple would not answer. What Federighi omitted is that those images came from
employees just like me, whether I wanted to share them or not.
75
TechCrunch, Interview: Apple’s Craig Federighi answers some burning questions about Face ID, 2017,
https://techcrunch.com/2017/09/15/interview-apples-craig-federighi-answers-some-burning-questions-about-face-id/
76
LinkedIn, https://www.linkedin.com/pulse/design-experiment-data-collection-robert-mckeon-aloe/
77
LinkedIn, https://www.linkedin.com/pulse/ml-examining-test-set-robert-mckeon-aloe/
78
TechCrunch, Interview: Apple’s Craig Federighi answers some burning questions about Face ID, 2017,
https://techcrunch.com/2017/09/15/interview-apples-craig-federighi-answers-some-burning-questions-about-face-id/
79
TechCrunch, Interview: Apple’s Craig Federighi answers some burning questions about Face ID, 2017,
https://techcrunch.com/2017/09/15/interview-apples-craig-federighi-answers-some-burning-questions-about-face-id/
80
TechCrunch, Interview: Apple’s Craig Federighi answers some burning questions about Face ID, 2017,
https://techcrunch.com/2017/09/15/interview-apples-craig-federighi-answers-some-burning-questions-about-face-id/
81
Letter from Senator Al Franken to Tim Cook about Face ID, (Sept 13 2017),
https://web.archive.org/web/20170914201224/https://www.franken.senate.gov/files/letter/170913_AppleFaceID.pdf
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The Gobbler User Study
I worked in Apple Research & Development. We were frequently pressured to “live on”
one device for both work and personal use. Apple wanted to use our uncompensated labor to test
new hardware and software using customer scenarios 24/7, at the expense of our privacy and
work/life balance. This extended to my “live on” and testing of these devices, with my personal
data and usage, being cited in my annual review. I even received emails noting what device I was
‘living on’ and nagging me to move to a future software build or prototype hardware model. We
were also pressured to participate in very personal “user studies” using company devices.
On August 3 2017, an Apple engineering manager emailed an unknown list of Apple
employees, including myself, about a “Gobbler” user study.82 The manager wrote the study used
an iOS application called “Gobbler,” and told employees “as you continue to use your device,
use the Gobbler application to periodically upload data that has been logged.” 83 The manager
then wrote, “In terms of data collection, we
want more. The algorithm uses deep
learning and the more data the better.” He
wrote that the Gobbler algorithms are
“hungry for data” and that “for uploading
data: all data that has your face in it is
good data.”84 I did not respond to or act on
the email; it was a weird email and by the
way it was described, I wanted nothing to
do with that tool/study, even if it meant I
was being ‘disloyal.’
On Aug 7 2021, I received a
different email from a group account saying
Figure 1: One of the Twitter posts Apple claims they fired Gjovik over
“Come join us! We look forward to seeing
82
Email from R.M. in Apple Video Engineering, to “recipients not specified,” Date: August 3 2017 7:45am PST,
Subject: Participating in [codename]Loop…
83
Email from R.M. in Apple Video Engineering, to “recipients not specified,” Date: August 3 2017 7:45am PST,
Subject: Participating in [codename]Loop…
84
Email from R.M. in Apple Video Engineering, to “recipients not specified,” Date: August 3 2017 7:45am PST,
Subject: Participating in [codename] Loop…
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you there!” 85 The email appeared to be a mandatory social event, though I was confused why
the email said not to attend if I was "taking photosensitizing medications or have any known
photosensitizing medical conditions.” Regardless, I promptly accepted, assuming it was expected
of me. (The message said nothing about Face ID.) I received another response later that day
saying, “Hello there! Thank you very much for responding to our invite! ….. You will receive an
iCal invite to the event shortly… Please arrive at [Apple’s Mathilda 3B office building] Patio at
your scheduled time. Do not hesitate to reach out if you have any questions or concerns
regarding the study. See you soon!” 86
It still sounded like some sort of mandatory social event, however the email also stated
“Prior to your participation, we kindly request that you do the following: Review the ICF
[Informed Consent Form] and email sign the ICF by registering your email and completing the
short pre-study survey that will be sent.” During my time at Apple, I was forced to sign hundreds
of contracts to get access to everything from offices, conference rooms, documentation, and the
basic to do my job, so I “signed” the ICF as requested. As far as I can tell, I never received a
confirmation I signed it, nor did I get a copy of the ICF, and when I tried to access the ICF 87
again in 2021 the link went to website with an error message saying “connection insecure.”
I showed up to the “Social Event” as requested. The “patio” was actually a parking lot.
The temperature that day was very hot. As I approached the destination, if my memory serves me
right, I saw a ~40ft diameter circular compound, with ~10ft high fence around it. There was a
chain link fence, with black plastic lining it and then another chain link fence and more black
plastic. On top, there were security cameras pointed inside and outside. There were one, maybe
two, armed security guards standing outside the compound. One of the guards checked me in and
told me to sit at a picnic table until called. I remember being hot, dehydrated, and scared. I
wanted to leave, but didn't want to ask to leave, because then the armed guard might get upset or
suspicious, so I waited. They finally let in 4 or 5 employees. They opened the first door of the
gate, we went in, then they close the outer gate and open the inner gate – so no one on the
outside could see in. I believe the gate was locked behind us.
85
Email from SSP User Study Group to “recipients not specified,” Date: August 7 2017 7:45am PST, Subject:
Social Hour Study: You're Invited!
86
Email from SSP User Study Group to “recipients not specified,” Date: August 7 2017 6:55pm PST, Subject:
Social Hour Study: Registration
87
“Attache” link
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Upon entering, there was music playing in the background & we were told to sit in the
circle. The armed guard left and there were two Global Security guys remaining. One was at the
make-shift bar & the other guy sat with the employees in a circle. I wanted to leave but I was
locked in a compound with 10ft high gates, security cameras, and an armed guard, so I thought
“I’m too young to die” and stayed put.
The guy in the circle explained what we're doing, we're going to enroll in Face ID and
we're going to test it on iPhones with this Gobbler application and we must complete a set list of
testing objectives before we are allowed to leave. The ICF had to be complete before we could
set up the accounts, and he helped us set up the Gobbler accounts on the test phones. Then we
had to try to enroll in Face ID and then complete our task list. It was like 12 tasks (put sunglasses
on & take 10-20x pics, make a “silly” faces & take 10-20x pics, etc). He explained this testing
set-up was specifically because they were having trouble with direct sunlight conditions, so even
though they wanted to keep all testing in secure lockdowns, they set up this compound in the
100-degree sun so we could do real world testing for them.
I remember being miserable and desperately wanting to leave, so I did the testing as
quickly as I could so I could go. When each of employee was done, I remember the guard
unlocked the inner gate, then had the employee step in, closed the inner door, and opened the
outer door and let them out. After that, the Gobbler application was always pre-installed and
logged in on my iPhone, even if I changed phones. I
kept attempting to log out and turn it off, but it
would keep reopening and logging back in and
collecting more videos/photos.
Apple would later rename the application
from Gobbler to “Glimmer” after criticism about the
facial “Gobbler” name. On Apple’s internal “Living
On” help page, it explains that when you “live on”
Apple devices, “You are encouraged to make full use
of your living on devices as you regularly would, and
Figure 2: Photos captured by “Gobbler” in Gjovik’s home
try to log as many bugs as possible. This will help us bathroom, including Gjovik washing her face without clothing
provide a better and bug free product to our
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customers. 88 The page also has a section on Gobbler/Glimmer, explaining “Glimmer is an app
that's included in internal development installs of Face ID equipped devices.” 89
The page suggests uploading data from the app “captured in employee’s homes.” 90
Apple’s internal “Face ID FAQ” page said “Users are encouraged to use Face ID in all places
Touch ID is replaced on iPhone X….please use in a variety of conditions: From the bright
outdoors to the darkest rooms. In workday, evening and weekend attire. With and without
makeup.” 91 It said the Gobbler data “can be previewed and included in radars and/or donated
otherwise via the Gobbler to help make the feature better (there are many other things beside
training the neural nets, that the data can be used for to improve the product).” The page did not
elaborate further.92
In the documentation pages, several restrictions were noted. One said, “Data gathering
may be restricted in some countries. You will be notified if that is the case.”93 Another said,
“Data privacy laws only allow us to gather and upload data from the US, Canada or Israel.
Please do not upload any data gathered outside of these countries.”94 Another said, “To
participate, please take the time to download the Informed Consent Form… and review it.” The
Apple manager said the study was being conducted in “the USA, Brazil, Tel Aviv,” and the EU
“but not France or Germany.” 95 A page said, “some data should not be submitted from certain
regions,” 96 while another page said, “For now, Glimmer is only available for Apple employees
working in the United States.” 97
I also saw in notes that the app was forbidden to be used in Japan and China, but then at
some point, Apple decided to gather some logs there anyways. On October 16, 2019 an engineer
filed a Radar titled, “Add Geo Location into Glimmer,” saying
“We're going to change how we deal with blacklisted countries. We're going to
allow auto-A files to upload…. The aim is to better understand Japan and China
because we have a number of people over there know...We’re adding another
88
Apple, Living On, Dev Pubs, Confluence page
89
Apple, Using Glimmer, Confluence page
90
Apple, Using Glimmer, Confluence page
91
Apple, Face ID FAQ, Confluence page
92
Apple, Face ID FAQ, Confluence page
93
Standard Operating Procedure (SOP) for Glimmer usage
94
Apple, Face ID FAQ, Confluence page
95
Email from R.M. in Apple Video Engineering, to “recipients not specified,” Date: August 3 2017 7:45am PST,
Subject: Participating in [codename] Loop…
96
Apple, Living On, Dev Pubs, Confluence page
97
Apple, Using Glimmer, Confluence page
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field… specifying geo location is needed for distinguishing the location.... Once the
ICF is updated, the geo location for all previous black-list countries as China and
Japan can also collect autoAFile data.”98
The engineer noted the changes were made as of Glimmer v3.25.0 on Dec 3, 2019.99
It was extraordinarily unclear what data was being
automatically uploaded, how and when. I saw another employee
complaining in 2019, “why is Glimmer always running?”100 The
engineer responded, “Glimmer is launched every day at 2 am to
collect non-PI logs from FaceD, zip them, and upload them to a
server for machine learning algorithms and data analysis tools to be
computed. This allows to monitor non-regression and algorithm
updates impacts.” 101
Another employee asked in 2019, “Why is Glimmer launching
automatically?” He wrote, “I noticed on my device there's some kind
of launch job started by root to launch Glimmer as suspended all the
time. Why is this happening? What is it for?” The engineer
responded, “Glimmer is launched to upload some non PI (logs) data
automatically.” 102
My open questions included whether my personal data was
being backed up on employee iCloud backups, synced via iCloud,
and/or accessed/copied by Apple’s corporate MDM profiles – or
other Global Security surveillance of employee phones. It also
disturbed me that the app was taking photos/videos without any
notification (sound, signal, etc), which made me think that Apple, if it
wanted to, could activate my device cameras and watch me without
me knowing at any time as well. I talked to other employees, including managers, with similar
concerns.
98
Radar filed on October 16, 2019 at at 4:35 PM, Title: Add Geo Location into Glimmer
99
Radar filed on October 16, 2019 at at 4:35 PM, Title: Add Geo Location into Glimmer
100
Radar filed on December 13, 2019 at 6:08 PM, Title: Why is Glimmer always running?
101
Radar filed on December 13, 2019 at 6:08 PM, Title: Why is Glimmer always running?
102
Radar filed on September 25, 2019 at 1:53 PM, Title: Why is Glimmer launching automatically?
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I partnered with a journalist to expose my concerns and the article was published on
August 30, 2021 – while I was still employed by Apple, but while I had been forced on paid
administrative leave. The article was titled, “Apple Cares About Privacy, Unless You Work at
Apple.” 103 The article discussed the Gobbler app and that “images are recorded every time
employees open their phones” and “every time an employee picked up their phone, the device
recorded a short video — hopefully of their face.” The article quoted the internal email saying
“all data that has your face in it is good data,” and also quoted me saying “If they did this to a
customer, people would lose their goddamn minds, says Ashley Gjøvik, a senior engineering
program manager.” 104 The article noted that two employees confirmed that participation in
studies like Gobbler was not just “encouraged” but “even expected.” The article also noted
employees had no idea “what was happening with the hundreds of images “ taken by their
phones. 105
103
Zoe Schiffer, Apple Cares About Privacy, Unless You Work at Apple, The Verge (Aug 30 2021),
https://www.theverge.com/22648265/apple-employee-privacy-icloud-id
104
Zoe Schiffer, Apple Cares About Privacy, Unless You Work at Apple, The Verge (Aug 30 2021),
https://www.theverge.com/22648265/apple-employee-privacy-icloud-id
105
Zoe Schiffer, Apple Cares About Privacy, Unless You Work at Apple, The Verge (Aug 30 2021),
https://www.theverge.com/22648265/apple-employee-privacy-icloud-id
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106 107 108
^ The Twitter Posts Apple’s Lawyer’s Demanded that I Delete on Sept 15 2021 ^
Twitter Post: August 30 2021 109
106
https://twitter.com/ashleygjovik/status/1432381395955900416
https://web.archive.org/web/20210830170534/https://twitter.com/ashleygjovik/status/1432381395955900416
107
https://twitter.com/ashleygjovik/status/1432381497370034184
https://web.archive.org/web/20210830170723/https://twitter.com/ashleygjovik/status/1432381497370034184
108
https://twitter.com/ashleygjovik/status/1432400136471072769
https://web.archive.org/web/20210830182052/https://twitter.com/ashleygjovik/status/1432400136471072769
109
Twitter, https://twitter.com/ashleygjovik/status/143241689120149094
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Responses to my disclosures included, but were not limited to:
- “This is creepy. I don't have words to express what is running through my head. “110
- “Straight up abusive and creepy behavior how can deployed iOS devices even run stuff
like this?“111
- “Whatttt” 112 & “What the hell….”113 & “Excuse me WHAT”114
- “Ah, but does the employee handbook say workers are human?” 115
- “I've heard a manager say we don't have civil rights as employees” 116
- “if anyone talks about apple privacy. show them this“ 117
- “No, just no.” 118
- This entire article is.. wow. 119
- Because privacy is a fundamental human right* * that you need to give up to work for the
company that cares so much about privacy. 120
- [inserte su referencia a 1984 aquí] 121
- This is terrible and so bothersome on many levels. 122
- Quel enfer... 123
The “Gobbler” applications attempted to access my fully personal iPhone,
even after I was fired.
110
https://web.archive.org/web/20210830182052/https:/twitter.com/ashleygjovik/status/1432400136471072769
111
https://web.archive.org/web/20210830182052/https:/twitter.com/ashleygjovik/status/1432400136471072769
112
https://web.archive.org/web/20210830182052/https:/twitter.com/ashleygjovik/status/1432400136471072769
113
https://web.archive.org/web/20210830182052/https:/twitter.com/ashleygjovik/status/1432400136471072769
114
https://web.archive.org/web/20210830182052/https:/twitter.com/ashleygjovik/status/1432400136471072769
115
https://twitter.com/ashleygjovik/status/1432381235926499332
116
https://twitter.com/ashleygjovik/status/1432381235926499332
117
https://twitter.com/verge/status/1432381006670147587
118
https://twitter.com/verge/status/1432381006670147587/retweets/with_comments
119
https://twitter.com/verge/status/1432381006670147587/retweets/with_comments
120
https://twitter.com/verge/status/1432381006670147587/retweets/with_comments
121
https://twitter.com/verge/status/1432381006670147587/retweets/with_comments
122
https://twitter.com/verge/status/1432381006670147587/retweets/with_comments
123
https://twitter.com/verge/status/1432381006670147587/retweets/with_comments
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In 2010, the Electronic Frontiers Foundation wrote an article about Apple seeking a
patent to do just the kind of thing the “Gobbler” application does today. EFF called the
technology “spyware,” “traitorware,” and “especially creepy.”124 EFF warned the patent
provided “a roadmap for how Apple can — and presumably will — spy on its customers and
control the way its customers use Apple products.” 125 The technology would allow Apple to
record the voice of the device's user, take a photo of the device's user's current location or even
detect and record the heartbeat of the device's user. 126
EFF called the technology “dangerous” and warned, “this patented device enables Apple
to secretly collect, store and potentially use sensitive biometric information about the user.” The
patented technology can: “take a picture of the user's face without a flash, any noise, or any
indication that a picture is being taken to prevent the current user from knowing he is being
photographed" and “can take a photograph of the surrounding location to determine where it is
being used.” 127 EFF warned, “Apple will know who you are, where you are, and what you are
doing and saying and even how fast your heart is beating.” 128
“Apple does not explain what it will do with all of this collected information on its users,
how long it will maintain this information, how it will use this information, or if it will share this
information with other third parties.” 129 EFF urged, “This patent is downright creepy and
invasive…. Spyware, and its new cousin traitorware, will hurt customers and companies alike —
Apple should shelve this idea before it backfires on both it and its customers.” 130
In 2010, Inc also wrote about Apple’s “spyware” patent,131 calling it “creepy” and
“Orwellian.” The reporter said concerns may vary based on how much users trusted Apple and
how intimate their “relationship is with a faceless mega-corporation.” The writer queried readers,
“Are you comfortable enough with Apple that it's okay for them to have the power to turn on
your iPhone camera, snap a picture of whatever is in plain site of the lense and then upload it to
Apple for analysis?” And if you respond that yes you think that’s fine, then what if “... it's all a
big misunderstanding and the camera takes a picture for the Apple mothership while you are in
124
Julie Samuels, Steve Jobs Is Watching You: Apple Seeking to Patent Spyware, EFF, Aug 23 2010
125
Julie Samuels, Steve Jobs Is Watching You: Apple Seeking to Patent Spyware, EFF, Aug 23 2010
126
Julie Samuels, Steve Jobs Is Watching You: Apple Seeking to Patent Spyware, EFF, Aug 23 2010
127
Julie Samuels, Steve Jobs Is Watching You: Apple Seeking to Patent Spyware, EFF, Aug 23 2010
128
Julie Samuels, Steve Jobs Is Watching You: Apple Seeking to Patent Spyware, EFF, Aug 23 2010
129
Julie Samuels, Steve Jobs Is Watching You: Apple Seeking to Patent Spyware, EFF, Aug 23 2010
130
Julie Samuels, Steve Jobs Is Watching You: Apple Seeking to Patent Spyware, EFF, Aug 23 2010
131
Patent: Systems and methods for identifying unauthorized users of an electronic device (10657238)
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the middle of sexy time?” 132 “Apple filed another patent in 2011 for iPhone remote surveillance
capabilities, such as transmission of the images and sounds that the device secretly captures.” 133
Courts have acknowledged the intrusive effect of hidden cameras and video recorders in
settings that otherwise seem private. It has been said that the “unblinking lens” can be more
penetrating than the naked eye with respect to “duration, proximity, focus, and vantage point.”134
On March 4 2022 Apple (via Orrick lawyers) wrote to the U.S. federal government that:
“Apple terminate Ms. Gjovik’s employment … because she violated Apple policy by
intentionally disclosing confidential information about Apple products on Twitter and, as
Apple later discovered, to the press … On August 30, 2021, Ms. Gjovik tweeted
photographs and a video of herself created by the [Gobbler] application, thus disclosing
Apple confidential information. She also linked to a story published in The Verge, a
technology blog, in which she disclosed her participation in the [Gobbler user] study. As
discussed above, Ms. Gjovik’s very involvement with the [Gobbler user] study
constitutes confidential information, as do any details about the study or photos or other
documents that are the product of it. Apple’s subsequent confirmation that she admitted
to disclosing confidential information publicly and intentionally further justifies Apple’s
termination decision.”135
132
Renee Oricchio, Orwellian Watch: Apple's Creepy Patent Application, Inc., https://www.inc.com/tech-
blog/orwellian-watch-apples-creepy-patent-application.html
133
9to5 Staff, Patent indicates sophisticated remote surveillance for Find My iPhone, (Jun. 16th 2011),
https://9to5mac.com/2011/06/16/patent-indicates-sophisticated-remote-surveillance-for-find-my-iphone/
134
Cowles v. State (Alaska 2001) 23 P.3d 1168, 1182 (dis. opn. of Fabe, J.)
135
Letter from Apple Inc (via Orrick, Herrington & Sutcliffe LLP) to U.S. Department of Labor, March 4 2022, Re:
Ashley Gjovik v. Apple Inc., Case No. 9-3290-22-051
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Apple’s Face “Gobbler”
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EAR STUDIES
On Aug 10 2018, I was invited to a “HE User Study” for “anthropometry HH” sent by
two Apple employees who previous asked for photos of my ears, and had discussed wanting to
take scan my ears. I replied declining “indefinitely.”136 I assumed I’d be taken off the list for ear
studies, but then in 2021, while I was on Indefinite Administrative Leave in August, I received
three separate emails from Apple asking to scan my ears/ear canals, again. The email was titled,
“HE 3D Ear Scan Invitation!”
The emails said, “You're invited to a voluntary in-person study where we will capture
high-resolution 3D scans of participants' ears. The goal of this effort is to collect representative
ear geometry data across age, gender, and ethnic groups. These 3D scans are extremely
valuable to audio research efforts and better our understanding of ear geometry variance.” The
email said I’d be asked to review an ICF prior to taking a recruitment survey and then another
ICF for study participation. 137 I did not respond to any of the emails nor did I sign any ICFs.
I was disturbed by Apple’s lack of respect for the privacy of its employees. I also
wondered if Apple may have been emailing me these on purpose, since I already opted out, in
order to harass me further. The emails didn’t say “Apple Confidential,” nor did they include
anything that appeared actually secret or material. Regardless, I redacted them heavily when I
publicly complained about the matter, since my point was to protest an employer pressuring its
employees to gather such sensitive information (biometrics).
136
Aug 10 2018, Gjovik to SJ
137
Ask survey
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The Tweet Gjovik was fired over:
“I’m still over here in Apple’s time-out chair & they keep telling me to respect my abuser’s
privacy & be silent. Meanwhile I got 3x of these in the last month since being on leave. NO,
APPLE, STOP IT. I can’t tell if they’re harassing me or just being super intrusive or both.”
138
138
Aug 28 Twitter Post: https://twitter.com/ashleygjovik/status/1431824501457633283
https://web.archive.org/web/20210829034222/https://twitter.com/ashleygjovik/status/1431824501457633283
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Further, this wasn’t news. On September 5
2020, Apple VP of Marketing , Greg Joswiak
(“Joz”) was interviewed by Wired about Apple
AirPods.139 Joz said,“We did work with Stanford
to 3D-scan hundreds of different ears and ear
styles and shapes in order to make a design that
would work as a one-size solution across a broad
set of the population,” Joswiak says. “With
AirPods Pro, we took that research further –
studied more ears, more ear types. And that enabled us to develop a design that, along with the
three different tip sizes, works across an overwhelming percentage of the worldwide
population.”
On December 9 2021, two Apple Product Design executives were interviewed by
Wallpaper about Apple’s product design team. 140 The article said, “When AirPods’ development
began a decade or so ago, human factors researcher Kristi Bauerly found herself researching
the ‘crazily complex’ human ear. ‘We moulded and scanned ears, worked with nearby
academics, focusing on outer ears for the earbud design and inner ears for the acoustics,’ she
says. Thousands of ears were scanned, and only by bringing them all together did the company
find the ‘design space’ to work within. ‘I think we’ve assembled one of the largest ear libraries
anywhere,’ Hankey says. ‘The database is where the design starts,’ Bauerly continues, ‘and then
we iterate and reiterate.’ “ On July 28 2021, Apple was referred to as “[an] ear-canal
innovator.“141
In 2020, Apple’s patent filings describe a system for deriving biometrics using embedded
biometric sensors on the AirPods (Earbuds). 142 The patent captures waveforms associated with
the cycling profusion of blood to the skin, so multiple biometric parameters can be collected,
139
The secrets behind the runaway success of Apple’s AirPods: The wireless headphones have been a surprise hit.
Here’s how: Sept 5 2020, https://www.wired.co.uk/article/apple-airpods-success
140
Inside Apple Park: first look at the design team shaping the future of tech, Dec 9 2021,
https://www.wallpaper.com/design/apple-park-behind-the-scenes-design-team-interview
141
Can you ID me now? Apple les for ear- canal biometrics patent, Jan 28, 2022,,
https://www.biometricupdate.com/202201/can-you-id-me-now-apple-files-for-ear-canal-biometrics-patent
142
Patent number 10856068; Apple’s future AirPods/earbuds could facilitate biometric measurements, Niel Smith,
December 30, 2020 https://www.myhealthyapple.com/apples-future-airpods-earbuds-could-facilitate-biometric-
measurements/
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including, for example, heart rate, blood volume, and respiratory rate. 143 Ears have been flagged
as the future of biometric-based mass surveillance. 144 145
On March 4 2022 Apple (via Orrick lawyers) wrote to the U.S. federal government that:
“On August 28, 2021, Ms. Gjovik tweeted details about a proprietary study Apple was
conducting…. . Like the [Gobbler] study, the details of [this ear scanning study] were not
known except to a small select group within Apple, and certainly not outside Apple, and
Ms. Gjovik agreed to keep them confidential under her Confidentiality Agreement. Despite
this, Ms. Gjovik’s tweet both identified the name and purpose of the study regarding an
unreleased product under development….. Apple terminated Ms. Gjovik’s employment
because she chose to disclose confidential Apple product information she was under an
obligation to keep in confidence… The only reason that Apple terminated Ms. Gjovik’s
employment was due to her own deliberate breaches of her confidentiality agreements and
violations of Apple policy.“146
While we still believe these reasons are pretext for Apple’s retaliation against me for reporting
safety issues, discrimination, labor violations, and fraud – if Apple really thinks I violated their
policies in protesting these invasive technologies, then their policies are wrong.
OTHER USER STUDIES
Despite Apple’s censoring of employee concerns about user studies, Apple is quite public
about its user studies. Just searching LinkedIn for “Apple User Study,” numerous
people/positions are returned with detailed descriptions of the roles and projects. In these
descriptions, Apple talked about “small, focused research studies” and “large-scale worldwide
[user study] operations.” 147 Positions talked about user studies and data collection for “sensor
and health technology,” 148 ”biometric data” 149 and for “product comfort.” 150 Positions
143
Patent number 10856068
144
Ahila Priyadharshini, R., Arivazhagan, S. & Arun, M. A deep learning approach for person identification using
ear biometrics. Appl Intell 51, 2161–2172 (2021). https://doi.org/10.1007/s10489-020-01995-8
145
3D Ear Biometrics BIR BHANU, HUI CHEN, Center for Research in Intelligent Systems, University of
California, Riverside, CA, USA , Springer
146
Letter from Apple Inc (via Orrick, Herrington & Sutcliffe LLP) to U.S. Department of Labor, March 4 2022, Re:
Ashley Gjovik v. Apple Inc., Case No. 9-3290-22-051
147
https://www.linkedin.com/jobs/view/2942922643; https://www.linkedin.com/jobs/view/2944339533
148
https://www.linkedin.com/jobs/view/2942922643; https://www.linkedin.com/jobs/view/2944339533
149
https://www.linkedin.com/jobs/view/2944349447
150
https://www.linkedin.com/jobs/view/2944349447
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included responsibilities such as to “identify and recruit user study participants,” 151 and
“observe behavior” and “administer complex testing protocols.” 152
During my time at Apple, I was invited to employee user studies looking to study me on
topics ranging from my “eye movements,” “grip on an iPhone,” “voice”, “blood pressure,”
physical response to “yoga, swimming, and running,” to studying my “menstruation” and
“sleep.” Indeed, in April 2019 I was invited to a user study program to study my sleep.153
“Congratulations! You have been selected to participate in the official kickoff of the Sleep
LiveOn program. This survey will collect a couple more pieces of information before you
can sign up for a session to pick up hardware. If you have a co-sleeper participating, you
may want to wait to take the survey with them in the room.” 154
Going forward, I would then be surveyed via email about my “insomnia severity index” and
other medical information while a Beddit monitor 155 was required to be placed under me as I
slept, monitoring my heart rate, respiratory rate, and other data.156
The request for co-sleeper information also extended to requesting co-sleepers sign NDAs, and
even participate in the study themselves – even if they are not an employee. Personally, I didn’t
want my employer to know who I was sleeping with and I stopped participating in that study.
151
https://www.linkedin.com/jobs/view/2938135938
152
https://www.linkedin.com/jobs/view/2944353441
153
Email from LiveOn R&D to Ashley Gjovik, April 1 2019, Subj: LiveOn Sleep: You’re Invited!
154 Email from LiveOn R&D to Ashley Gjovik, April 1 2019, Subj: LiveOn Sleep: You’re Invited!
155
iMore, Apple cans the Beddit Sleep Monitor 5 years after buying the business, https://www.imore.com/apple-
cans-beddit-sleep-monitor-5-years-after-buying-business
156
Email from LiveOn R&D to Ashley Gjovik, April 16 2019, Subj: LiveOn Sleep: Insomnia Severity Index Survey
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RADAR & SYSDIAGNOSE
When Apple employees file “Radar” tickets to track software development work and
“bugs,” they include detailed information about the problems they are seeing. The default
sharing settings for most Radar ticket included all of software engineering. Radar tickets also are
not removable. Even when the tickets are closed, they remain searchable. In training, employees
say they are told: “Radar is forever.” 157
When employees file Radar tickets, they are often asked to include diagnostic files,
internally called “sysdiagnose” to give Apple more information about the problem. If they are
filing a bug about iMessage, they might be asked to install a sysdiagnose profile that exposes
their iMessages to the team tasked with fixing the issue. For employees using a live-on device,
default settings can mean that, as they are filing a Radar ticket, a sysdiagnose profile is being
automatically created in the background, sending data to Apple without the employee realizing
it. When sysdiagnose profiles are not included, employees have been known to post memes
calling out the omission. 158
I told The Verge journalist that in 2019, I filed a ticket about Apple’s photo search
capabilities. I was quoted as writing, “If I search for ‘infant’ in my photo library, it returns a
selfie I took of myself in bed after laparoscopic surgery to treat my endometriosis.” 159 This
Radar, and many of the Radars I submitted with detailed logging and personal details were
visible to tens of thousands of people.
Whether it is the text content of the Radar, or the logs attached, if a coworker wanted to
learn intimate details about your life, they could by simply searching through the Radars you’ve
filed. Reviewing logs quickly exposes locations, routines, friends, and other highly personal data.
Assumably far more data would be made available to the Worldwide Loyalty Team.
157
Zoe Schiffer, "Apple Cares About Privacy, Unless You Work at Apple," The Verge, Aug 30, 2021,
https://www.theverge.com/22648265/apple-employee-privacy-icloud-id
158
Zoe Schiffer, "Apple Cares About Privacy, Unless You Work at Apple," The Verge, Aug 30, 2021,
https://www.theverge.com/22648265/apple-employee-privacy-icloud-id
159
Zoe Schiffer, "Apple Cares About Privacy, Unless You Work at Apple," The Verge, Aug 30, 2021,
https://www.theverge.com/22648265/apple-employee-privacy-icloud-id
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Secrecy
SECRECY POLICIES
The New York Times wrote in 2009 that, “Few companies are more secretive than
Apple, or as punitive to those who dare violate the company’s rules on keeping tight control
over information. Secrecy at Apple … is baked into the corporate culture.” 160 Anil Dash (EFF
board member and advisor to the Obama administration) wrote that Apple “chooses to operate
with an extreme and excessive layer of secrecy, even when making reasonable business
decisions.” 161 Dash wrote, “the cost of Apple keeping secrets has become morally and ethically
untenable” and that “Apple spends an enormous amount of money on protecting and obfuscating
normal business operations that any other company can do in the open.”162
A 2017 internal training video included a quote from VP of Marketing, Greg Joswiak,
telling employees that “I have faith deep in my soul that if we hire smart people they’re gonna
think about this, they’re gonna understand this, and ultimately they’re gonna do the right thing,
and that’s to keep their mouth shut.” 163
Apple’s “New Product Security (Secrecy)” team is part of the larger Global Security
team. Before joining Apple, the Global Security team manager, David Rice, 164 worked at the
NSA as a Global Network Vulnerability Analyst for four years, and before that was a Special
Duty Cryptologist in the U.S. Navy. 165 Before joining Apple, other Apple Global Security
managers have worked in US Coast Guard port security,166 local Police Chiefs,167 as U.S. Secret
160
Brad Stone and Ashlee Vance, Apple’s Obsession With Secrecy Grows Stronger, New York Times (Jun 2009),
https://www.nytimes.com/2009/06/23/technology/23apple.html
161
Anil Dash, Apple: Secrecy Does Not Scale, Jul 31, 2009, dashes.com/2009/07/31/apple_secrecy_does_not_scale/
162
Anil Dash, Apple: Secrecy Does Not Scale, Jul 31, 2009, dashes.com/2009/07/31/apple_secrecy_does_not_scale/
163
William Turton, Leaked recording: Inside Apple’s global war on leakers: Former NSA agents, secrecy members
on product teams, and a screening apparatus bigger than the TSA., The Outline (2017),
theoutline.com/post/1766/leaked-recording-inside-apple-s-global-war-on-leakers
164
David Rice, https://www.linkedin.com/in/david-rice-7b3686/
165
William Turton, Leaked recording: Inside Apple’s global war on leakers: Former NSA agents, secrecy members
on product teams, and a screening apparatus bigger than the TSA., The Outline (2017),
theoutline.com/post/1766/leaked-recording-inside-apple-s-global-war-on-leakers
166
Sean Downey, https://www.linkedin.com/in/sean-downey-64a942119/
167
Greg Finch, https://www.linkedin.com/in/greg-finch-74a3228/
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Service Special Agents,168 U.S. Department of State Special Agents & Executive Protection
managers for weapons manufacturers,169 etc.
In 2017, Rice complained that “U.S. employees have griped about [Apple’s] draconian
security measures.” 170 With McCarthyism-flavored PSYOPs, Apple tells its employees that
“leakers” at Apple “look like [regular employees],” and that “they come to work, they don't
appear any different, and they start off with the exact same motivation about ‘I love Apple, I
think this is a cool place to work, I wanna make it better.” 171
I had grown deeply disturbed by the horrific lack of privacy for Apple corporate
employees and was happy to expose to the issue to the public, as the anti-privacy policy for
employees was a “feature” not a “bug” to Apple, and thus there was no internal complaint
process on the matter, and even if there was, it seemed like a certain way to face additional
retaliation. I posted on Twitter on August 30-31 2021 about The Verge article and complaining
about Apple’s work conditions saying:
- “Apple has an internal culture of surveillance, intimidation, & alienation. Employees
are closely monitored & our data hoarded in the name of secrecy & quality. We’re told
we have no expectation of privacy, while Apple says publicly: privacy is a human
right.”172
- “Apple probably considers what they’re doing to employees “internal information.”
Why? For secrecy? For quality? Or because Apple knows the public would be
outraged, & that outrage might start to “deprogram” their employees? “ 173
- Cult: “great devotion to a person, idea, object, movement, or work.” Information control:
“encourage spying on other members” Behavior control: “instill obedience”174
- “I still love Apple products & brand. I devoted nearly 7 years & much blood/sweat/tears
ensuring Apple's products are exceptional. However, Apple the corporation needs a
reckoning. Apple's policy of "secrecy" should not shield it from public scrutiny
about human rights & dignity.”
- “We’re learning about Apple’s long history of systemic oppression & retaliation against
employees when employees express concerns about discrimination, harassment, & other
168
Michael Rovins, https://www.linkedin.com/in/michael-rovins-84880626/; Jeff Hill:
https://www.linkedin.com/in/sajah/
169
Scott Nishi, https://www.linkedin.com/in/scott-nishi-963591109/
170
William Turton, Leaked recording: Inside Apple’s global war on leakers: Former NSA agents, secrecy members
on product teams, and a screening apparatus bigger than the TSA., The Outline (2017),
theoutline.com/post/1766/leaked-recording-inside-apple-s-global-war-on-leakers
171
William Turton, Leaked recording: Inside Apple’s global war on leakers: Former NSA agents, secrecy members
on product teams, and a screening apparatus bigger than the TSA., The Outline (2017),
theoutline.com/post/1766/leaked-recording-inside-apple-s-global-war-on-leakers
172
https://twitter.com/ashleygjovik/status/1432381777658613762;
https://twitter.com/ashleygjovik/status/1432381235926499332
173
https://twitter.com/ashleygjovik/status/1432383062273191937
174
https://twitter.com/ashleygjovik/status/1432382993046200323
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abuse. Why wouldn’t Apple try to use our data & their internal surveillance
infrastructure against us?”175
Thomas le Bonniec, an ex-Apple contractor and whistleblower, wrote to regulators in
2019: “It is worrying that Apple keeps ignoring and violating fundamental rights and continues
their massive collection of data. “I am extremely concerned that big tech companies are
basically wiretapping entire populations despite European citizens being told the EU has one of
the strongest data protection laws in the world. Passing a law is not good enough: it needs to be
enforced upon privacy offenders.”176 Le Bonniec, said Apple has been, “operating on a moral
and legal grey area and they have been doing this for years on a massive scale. They should be
called out in every possible way.”177
Le Bonniec exposed that Siri is recording when it is not triggered by the users. Thousands
of recordings were sent to Apple in order for hundreds of Apple employees to listen, analyse and
transcribe their content. The public statement reveals that Apple collected millions of
confidential messages, full of intimate details, political opinions, sexual preferences, and
discussions between persons in a room, without the users even being aware of it. In 2019, Apple
admitted that these practices were not up to the privacy standards. According
recent disclosures it seems that contrary to Apple’s statement, no end was put to the recording of
Apple’s users.178
In January 2023, the NLRB found merit in my charge that Apple’s NDAs do violate
federal labor laws.179 There are still no decisions on my or Le Bonniec’s surveillance charges.
SEARCH AND PRIVACY POLICIES
In September of 2021, a journalist wrote about my experience realizing just how
intensively Apple could and likely was surveilling me. She wrote,
175
https://twitter.com/ashleygjovik/status/1432381802602110976
176
The Guardian, Apple whistleblower goes public over lack of action, May 2020,,
https://www.theguardian.com/technology/2020/may/20/apple-whistleblower-goes-public-over-lack-of-action
177
he Guardian, Apple whistleblower goes public over lack of action, May 2020,,
https://www.theguardian.com/technology/2020/may/20/apple-whistleblower-goes-public-over-lack-of-action
178
Noyb, “Siri: Are you recording me?” “No but I am listening to you,” May 2020, https://noyb.eu/en/former-apple-
employee-blows-whistle-apple-again
179
TechCrunch, Labor officials found that Apple execs infringed on workers’ rights,
https://techcrunch.com/2023/01/30/labor-officials-found-that-apple-execs-infringed-on-workers-rights/
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“Last weekend, Ashley Gjøvik walked around her apartment unplugging all of
her electronics. Apple had just fired her for allegedly leaking information, and for
months before then, she had spoken out with claims of harassment, intimidation
and surveillance at the company. She'd been thinking through Apple's employee
privacy policy, which states that workers have no expectation of privacy when
using a personal device for Apple business, and wondered if that meant the
company could watch her through her home devices, too.”
I was quoted saying, "I think the worst moment was realizing that they were probably watching
me through my Eve cameras and listening to me on my HomePod, It was this frantic moment. I
don't even have words for it yet, of how violating and horrifying and terrifying it was." 180 I told
the journalist it “wasn't until I began speaking out about the company that I started to realize
[Apple’s surveillance] could be used against me.” 181
In 2019, a former Apple executive also had a rude awakening and alleged that Apple
reviewed his private text messages.182 He wrote, “To further intimidate any current Apple
employee who might dare consider leaving Apple, Apple’s complaint shows that it is monitoring
and examining its employees’ phone records and text messages, in a stunning and disquieting
invasion of privacy.” 183
In 2021, I filed complaints with the U.S. NLRB and the California Dept of Labor over
Apple’s unlawful employee policies, including their “Workplace and Searches Privacy.”184
“In order to protect Apple confidential and sensitive185 information and maintain the
security and integrity of our networks and equipment, any use of Apple property, as well
as use of your personal devices for Apple business or for accessing Apple networks, is
subject to this policy.”
180
Sarah Roach, Worker surveillance is making employees miserable, Protocol, Sept 2021,
https://www.protocol.com/workplace/worker-surveillance-is-making-employees-miserable
181
Sarah Roach, Worker surveillance is making employees miserable, Protocol, Sept 2021,
https://www.protocol.com/workplace/worker-surveillance-is-making-employees-miserable
182
Mark Gurman and Edvard Pettersson, Ex-Apple Executive Accused of Betrayal Says He Was Snooped On,
Bloomberg (December 9, 2019), https://www.bloomberg.com/news/articles/2019-12-10/ex-apple-executive-
accused-of-betrayal-says-he-was-snooped-on
183
CNBC, Apple accused of monitoring employee text messages in lawsuit against ex-chip exec, Dec 2019,
https://www.cnbc.com/2019/12/10/apple-accused-of-monitoring-employee-text-messages-in-lawsuit-against-ex-
chip-exec.html;
184
Apple Inc: https://people.apple.com/US/en/subtopic/845; Photographing employees engaged in protected
concerted activities constitutes unlawful surveillance because it has a tendency to intimidate employees and interfere
with exercise of Section 7 rights. Photographing in the mere belief that something "might" happen is not a sufficient
justification. F.W. Woolworth Co., 310 NLRB 1197 (1993); see also, National Steel and Shipbuilding Co., 324
NLRB 499 (1997) (peaceful union rallies); Labor Ready, Inc., 327 NLRB 1055 (1999), (employer videotapes of
workers employed by temporary service in waiting room waiting for assignments unlawful).
185
Note: Overbroad
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“Workplace Searches 186 Only in cases where allowed under local law, 187 Apple may:
Access, search, monitor, archive, and delete Apple data stored on all of its property, as
well as non-Apple property, if used for Apple business or if used for accessing Apple
data, servers, or networks. This includes all data and messages sent, accessed, viewed, or
stored (including those from iCloud, Messages, or other personal accounts) using Apple
equipment, networks, or systems.
Conduct physical, video, or electronic surveillance, search your workspace such as file
cabinets, desks, and offices (even if locked), review phone records, or search any non-
Apple property (such as backpacks, purses) on company premises.”
“This means that you have no expectation of privacy when using your or someone elseʼs
personal devices for Apple business, when using Apple systems or networks, or when on
Apple premises.”
“The search or removal of Apple-related content on a device will be determined on a
case-by-case basis when there is a business need and subject to local approval processes.
Refusing to permit a search or removal of Apple-related content may result in
disciplinary action up to and including termination of employment.” 188
The GDPR notes that employee monitoring may result in the collection of non-
employees’ personal data. The GDPR and the BDSG also apply to the collection, processing, and
use of non-employees’ personal data. Accordingly, the employer must have a valid legal basis
for processing non-employees’ personal data and must notify nonemployees about potential
personal data collection.189 Here, Apple simply tell employees they have no expectation of
privacy whatsoever and makes no statements to non-employees who may get caught in Apple’s
mass-surveillance infrastructure.
Apple is in a unique position, perhaps only comparable to Google & ISPs/carriers, where
they have access to an incredible amount of data as system administrators of services and those
services are provided by monopolies. If Apple wanted to read its employee’s personal emails,
and that employee used iCloud, Apple could simply login to its own systems and read the emails.
This is the same for data backed up in iCloud backups, or saved on iCloud drive, or send through
iMessages. Apple owns the hardware of one of the handful of phones and computers, and even if
Apple employees were to use a different company’s products, anyone they interacted with who
186
Boeing Corporation Advice Memo (2013), Boeing must cease and desist from creating the impression that its
employees’ union and/or protected concerted activities are under surveillance. Register Guard, 344 NLRB 1142,
1144 (2005) (test is whether the employee would reasonably assume from the statement that their union activities
had been placed under surveillance.” Flexsteel Industries, 311 NLRB 257, 257 (1993).
187
Note: Overbroad
188
Note: Overbroad. Do organizing and union materials count as Apple-related?
189
Employee Monitoring (Germany), Resource ID: W-008-3362, HOLGER LUTZ AND SIMONE BACH, BAKER
MCKENZIE, WITH PRACTICAL LAW DATA PRIVACY ADVISOR
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did use Apple’s products would give Apple a way to spy on that employee through their friends.
The same is comparable for Google employees. In this sense, there is no such thing as a
“personal” device for an Apple employee. That also weaponizes many consumer products if the
non-employee user is simply communicating with an Apple employee on that product.
190
I also provided Apple’s “Employee Workplace Search & Privacy Policy” to Zoe Schiffer
back in June and Schiffer quoted it for The Verge’s August privacy article:
Underpinning all of this is a stringent employment agreement that gives Apple the right
to conduct extensive employee surveillance, including “physical, video, or electronic
surveillance” as well as the ability to “search your workspace such as file cabinets,
desks, and offices (even if locked), review phone records, or search any non-Apple
property (such as backpacks, purses) on company premises.” Apple also tells employees
that they should have “no expectation of privacy when using your or someone else’s
personal devices for Apple business, when using Apple systems or networks, or when on
Apple premises” 191
Further, I also filed charge against an email Tim Cook sent his employees on September 21 2021
responding to an employee or employees speaking with journalist about a meeting where Tim
Cook talked about the pandemic, remote work, employee benefits, and pay equity.192
“I want you to know that I share your frustration. These opportunities to connect as a
team are really important. But they only work if we can trust that the content will stay
within Apple. I want to reassure you that we are doing everything in our power to
190
Twitter, Oct 7 2021, https://twitter.com/ashleygjovik/status/1446368610679730233
191
Zoe Schiffer, "Apple Cares About Privacy, Unless You Work at Apple," The Verge, Aug 30, 2021,
https://www.theverge.com/22648265/apple-employee-privacy-icloud-id
192
Apple Inc, Tim Cook to Apple_Employees$@group.apple.com, Date: Sept 21, 2021, Subj: Follow-up on global
team meeting
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identify those who leaked.193 As you know, we do not tolerate disclosures of confidential
information, whether it’s product IP or the details of a confidential meeting.194 We know
that the leakers constitute a small number of people. We also know that people who leak
confidential information do not belong here.195 196 197198
The NLRB agreed with me and found there was merit to my charge against Cook in January
2023.199 Shortly after Apple hired a prior NLRB Board Chair to defend them (Harry Johnson),
and shortly after that, NLRB told me there will be a ‘re-decision’ of merit on the charge. There
is no such thing as a ‘re-decision of merit’. I filed a complaint with General Counsel’s office
arguing there must have been unlawful ex parte communications by Johnson leading to the
regulatory subterfuge of a ‘redecision of merit’ (avoiding settlement or adjudication), which
violates the NLRA, APA, and my Due Process rights. I have not heard back from NLRB for
months.
193
Register Guard, 344 NLRB 1142, 1144 (2005) (test is whether the employee would reasonably assume from the
statement that their union activities had been placed under surveillance.” Flexsteel Industries, 311 NLRB 257, 257
(1993),
194
Report of the General Counsel Concerning Employer Rules, NRLB Memorandum GC 15-04 (2015)
195
Yale New Haven Hospital, 309 NLRB 363, 368 (1992) (supervisor unlawfully threatened employee with reprisal
by telling an employee that if he did not stop protected activities he would "talk" to him again; implies that the talk
will not be mere conversation but will concern the employment of the offending employee).
196
Valerie Manor,Inc.,351NLRB1306(2007)(threat of unspecified reprisals).
197
Equipment Trucking Co.,Inc.,336NLRB277(2001)(statement, If you don’t like it, find another job, implied threat
of discharge).
198
Medco Health Solutions Of Las Vegas, Inc.,357NLRBNo.25(2011) (respondent's statement that, if employee
could not support the respondent's policies, there were other jobs out there and perhaps “this wasn't the place for
him” was an implied threat in violation of 8(a)(1)).
199
Bloomberg, Apple Executives Violated Worker Rights, Labor Officials Say,
https://www.bloomberg.com/news/articles/2023-01-30/apple-executives-violated-worker-rights-us-labor-officials-
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Public Policy
[Collecting user data] is surveillance.
These stockpiles of personal data serve only to enrich the companies that collect them.
-Tim Cook (2018) 200
I can’t think of any other company that has so proudly, and so publicly, distributed
spyware to its own devices. The only restraint is Apple’s all-too-flexible company policies.
-Edward Snowden (2021) 201
“Ubiquitous employer surveillance of workers has a long and rich history as a defining
characteristic of workplace power dynamics, including the de facto abrogation of almost any
substantive legal restraints on its use. This history can be traced through many pivotal points
including massive efforts through warfare, slavery, globalization, and other forms of colonialism
used to control and exploit workers. 202 What is novel, and of real concern to privacy law, is that
rapid technological advancements and diminishing costs now mean employee surveillance
occurs both inside and outside the workplace - bleeding into the private lives of employees.”203
There are areas of an employee's life in which his employer has no legitimate interest. 204
“The protection of workers' privacy is a civil rights issue: both for the protection of
human dignity rights and because privacy invasions can serve as vehicles for unlawful
discrimination. History has shown that economic pressures are an unreliable regulator for the
preservation of the civil rights of those with comparatively lower economic power. We cannot
simply look to the market to curtail abuses of power regarding worker surveillance.”205
200
Ian Bogost, Apple’s Empty Grandstanding About Privacy, The Atlantic (2019),
https://www.theatlantic.com/technology/archive/2019/01/apples-hypocritical-defense-data-privacy/581680/
201
Edward Snowden, The All-Seeing "i": Apple Just Declared War on Your Privacy, Aug 25, 2021,
https://edwardsnowden.substack.com/p/all-seeing-i
202
Ifeoma Ajunwa, Kate Crawford, and Jason Schultz, Limitless Worker Surveillance, 105 Calif. L. Rev. 735
(2017).
203
Ifeoma Ajunwa, Kate Crawford, and Jason Schultz, Limitless Worker Surveillance, 105 Calif. L. Rev. 735
(2017).
204
Borse v. Piece Goods Shop, Inc., 963 F.2d 611 (3d Cir. 1992); Geary v. United States Steel Corp., 319 A.2d 174
(Pa. 1974)
205
Ifeoma Ajunwa, Kate Crawford, and Jason Schultz, Limitless Worker Surveillance, 105 Calif. L. Rev. 735
(2017).
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The predominant view of the U.S. Courts is that consent is not effective if it is not freely
and voluntarily given.206 The protection for privacy & autonomy is a default rule that recognizes
a sphere of protection, not only to protect civic and personal life, but also to mirror the likely
implicit bargain between the employer and employee about where the employment relationship
ends and personal life begins. 207 Even in the context of initial employment, consent to a
particular type of invasion does not mean consent to all varieties of that invasion,
reasonable or unreasonable.208
The employer also cannot discharge employees for refusing to waive a nonnegotiable or
nonwaivable right. 209 When an employee successfully refuses to submit to an employer's
wrongful intrusion into protected employee privacy interests and the employee suffers a
termination of employment or such adverse conditions of employment as to amount to a
constructive discharge because of the employee's refusal to submit, the employee has a claim for
wrongful discharge in violation of public policy. The public policy is the protection against
wrongful employer intrusions into protected employee privacy interests. 210
However, companies may be able to process personal data if they obtain either subjects'
voluntary affirmative consent to process data for the specific purpose intended or have a
legitimate justification. Corporations in countries such as Germany and France tend not to rely
on consent because employees must be expressly asked for it, must be able to refuse without risk
of sanction, and can withdraw it at any time. Moreover, in the corporate investigation context,
courts tend to assume that such consent is involuntary because of the imbalance of power between
the employer and employee.211
U.S. organizations that control or process the personal data of European Union residents
likely are subject to the EU’s new data protection requirements, the General Data Protection
206
See Stores, Inc. v. Lee, 74 S.W.3d 634, 647 (Ark. 2002); Papa Gino's of America, Inc., 780 F.2d 1067, 1072 (1st
Cir. 1986) (applying New Hampshire law; employee contracted away certain rights by accepting employment from
employer who forbade drug use, but employer's demand that employee submit to polygraph exceeded scope of
employee's consent to allow reasonable investigation into drug use).
207
Restatement of the Law, Employment Law § 7.03, Protected Employee Privacy Interests in the Employee's
Physical Person and in Physical and Electronic Locations, Comments
208
Frye v. IBP, Inc., 15 F. Supp. 2d 1032, 1041 (D. Kan. 1998)
209
Restatement of the Law, Employment Law > Chapter 7- Employee Privacy and Autonomy
§ 7.07, Discharge in Retaliation for Refusing Privacy Invasion, Comment
210
Restatement of the Law, Employment Law > Chapter 7- Employee Privacy and Autonomy
§ 7.07, Discharge in Retaliation for Refusing Privacy Invasion, Comment
211
ARTICLE: THE LAW OF CORPORATE INVESTIGATIONS AND THE GLOBAL EXPANSION OF
CORPORATE CRIMINAL ENFORCEMENT, 93 S. Cal. L. Rev. 697 May 2020
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Regulation (GDPR). A common practice in the U.S. is to rely on blanket consent clauses in
employment contracts or handbooks that permit employers to process employee personal data.
U.S. employers often also rely on implied consent from employees. However, such practices
may not be considered valid forms of consent for lawful processing of personal data under the
GDPR. The GDPR provides that consent must be “freely given, specific, informed and
unambiguous.” Moreover, the GDPR adds, consent is not “freely given” where a “clear
imbalance of power” between the data controller (i.e., employer) and the data subject
(i.e., employee) exists.212
The Article 29 Working Party emphasized the imbalance of power in the employment
context: “Given the dependency that results from the employer/employee relationship, it is
unlikely that the data subject is able to deny his/her employer consent to data processing without
experiencing the fear or real risk of detrimental effects as a result of a refusal. It is unlikely that
an employee would be able to respond freely to a request for consent from his/her employer to,
for example, activate monitoring systems such as camera-observation in a workplace, or to fill
out assessment forms, without feeling any pressure to consent.” The Working Party also advises
that the imbalance of power in the employment relationship makes voluntary consent
questionable and, for most work-related data processing, the GDPR lawful basis relied upon
“cannot and should not” be the employee’s consent. 213
Multiple GDPR factors invaliding employee to employer consent are present with
Apple’s user studies. First, when I responded to the initial email about the Gobbler user study, I
had no idea what I consented to/initiated., as it was “vague or unclear.” Next, I had no “clear
records to demonstrate they consented,” as no receipt was sent and I was never given a copy of
the ICF. It appears Apple also no longer has a copy of the ICF, otherwise it seems they would
have provided it to me on Sept 15 or quoted it in their position statement.
Next, there was “a clear imbalance of power between [the employer] and the individual,”
the “employee would be penalized for refusing consent,” and “there was no genuine free choice
over whether to opt in.” Between the general pressure for Apple R&D employees to “live on”
new products and software, and to participate in studies, and my performance reviews
212
Is Employee Consent under EU Data Protection Regulation Possible?, Joseph J. Lazzarotti and Maya Atrakchi,
February 27, 2018
213
Is Employee Consent under EU Data Protection Regulation Possible?, Joseph J. Lazzarotti and Maya Atrakchi,
February 27, 2018
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mentioning my participation in these programs, but also that barbed wire compound with armed
guards, too.
Finally, apparently later some employees were given the option to use the Gobbler
application but not be “whitelisted” so their PII would not be uploaded. However, I was not
given this option nor even told it was an option, so “consent was a precondition of a service, but
the processing is not necessary for that service.” Finally, once I apparently signed the ICF and
after the Gobbler app was installed on my phone, I had no way to disable the app, nor was I
given any way to withdraw consent. I had talked to other employees about the app with similar
concerns over the years. Thus, the “consent’ was invalid because Apple “did not tell people
about their right to withdraw consent” and “people cannot easily withdraw consent.” 214
This non-consensual user data harvesting doesn’t only have implications on Apple’s
employees and their families and friends. Intellectual Property rights cannot be granted for
unlawful things/acts. Apple has deployed technology across the world, based on arguably illegal
data and the fruit (algorithms and features) grown from that illegal data. What rights does Apple
actually have to their technology if the people the data was harvested from had their own rights
violated? What does that mean for customers using Apple products built off of human rights
violations (again)? Today, the success of the global economy depends on Apple’s success. Apple
cannot take these kind of risks when the fall-out may land everywhere.
Apple says privacy is a fundamental right and “fundamental rights should not differ
depending on where you live in the world.” Apple says, “they treat any data that relates to an
identified or identifiable individual or that is linked or linkable to them by Apple as ‘personal
data,’ no matter where the individual lives.”215
California courts have found, "The constitutional [privacy] provision is self-executing;
hence, it confers a judicial right of action on all Californians. Privacy is protected not merely
against state action; it is considered an inalienable right which may not be violated by anyone.”
216 California accords privacy the constitutional status of an inalienable right, on a par with
defending life and possessing property. 217
214
Information Commissioner’s Office Consultation: GDPR consent guidance Start date: 2 March 2017 End date:
31 March 2017
215
Apple Inc, Worldwide Privacy Policy, https://www.apple.com/legal/privacy/en-ww/
216
Wilkinson v. Times Mirror Corporation (1989) 215 Cal.App.3d 1034.
217
Vinson v. Superior Court (1987) 43 Cal. 3d 833, 841 [239 Cal. Rptr. 292, 740 P.2d 404] [limiting right to
discover one's sexual history, habits and practices in action for sexual harassment and emotional distress].
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Apple Is headquartered in California. Article I, section 1 of the California Constitution
provides that the right of "privacy" is among the people's inalienable rights. California appellate
courts and at least one federal court have consistently held, in varying contexts, that Article I,
section 1 provides some protection against non-governmental intrusion, as well as state
conduct.218 The legislative history (ballot argument) stated,
"The right of privacy is the right to be left alone. It is a fundamental and compelling
interest. It protects our homes, our families, our thoughts, our emotions, our
expressions, our personalities, our freedom of communion, and our freedom to
associate with the people we choose. It prevents government and business interests
from collecting and stockpiling unnecessary information about us and from
misusing information gathered for one purpose in order to serve other purposes or
to embarrass us.”219
California employees have a cause of action against their private employer for violating
their Constitutional right to privacy if the intrusion is against a legally protected privacy interest,
including: “conducting personal activities without observation, intrusion, or interference” as
determined by “established social norms.” 220 While California employees could contractually
agree not to assert a right to privacy, the employer cannot be allowed to use such an agreement to
circumvent the public policy favoring privacy, and the employer could not successfully enforce
such a contractual agreement if it intruded on plaintiff's right to privacy. 221 The public policy
here "affects the duty not to intrude on the right of privacy, which inures to the benefit of the
public at large rather than to a particular employer or employee." 222
California employees have the right to privacy, even at the workplace, in areas where
there is a reasonable expectation of being left alone. For example, the California Labor Code
prohibits video or audio monitoring of employees in restrooms, showers, locker rooms, and
dressing rooms.223 Further, California Penal Code section 647j makes it a crime for a person
218
Porten v. University of San Francisco (1976) 64 Cal.App.3d 825; Cutter v. Brownbridge (1986) 183 Cal.App.3d
836; Miller v. National Broadcasting Company (1986) 187 Cal.App.3d 1463; Chico Feminist Women's Health
Center v. Scully (1989) 208 Cal.App.3d 230; Chico Feminist Women's Health Center v. Butte Glenn Medical S.
(1983) 557 F.Supp. 1190; Wilkinson v. Times Mirror Corporation (1989) 215 Cal.App.3d 1034; Semore v. Pool
(1990) 217 Cal.App.3d 1034; Luck v. Southern Pacific Trans. Co. (1990) 218 Cal.App.3d 1.
219
Wilkinson v. Times Mirror Corporation (1989) 215 Cal.App.3d 1034.
220
Hill, 7 Cal.4th 1, 35, 26 Cal.Rptr.2d 834, 865 P.2d 633.
221
Foley v. Interactive Data Corp., 47 Cal.3d at p. 670 (1988)
222
Semore v. Pool (1990) 217 Cal. App. 3d 1088
223
California Labor Code § 435, Contracts and Applications for Employment; § 435 was enacted to clarify "privacy
rights in the workplace for both employers and employees" since court decisions had "left a definite gray area in
regards to employee surveillance." Hearing on A.B. 2303 Before the Assemb. Comm. on Labor & Emp't, 1997-98
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unlawfully to invade someone else’s privacy via a device to view in a private room, or by secret
recording or photograph of a person’s body.224
At a federal level, under the National Labor Relations Act (NLRA), employers may not
monitor or surveil employees participating in protected concerted activities, including “creating
the impression of surveillance.” 225 Further, 18 U.S.C. § 1801 makes it a federal crime to capture
images of a private area of an individual (naked or undergarment clad genitals, pubic area,
buttocks, or female breast) without their consent and to knowingly do so under circumstances in
which the individual has a reasonable expectation of privacy. 226
While the legislative history for federal labor laws probably never anticipated a mega-
corporation using a tool they called the “Face Gobbler” to capture secret videos of employees
24/7 – one would think The Congress would be outraged by an employer, one that markets that
“privacy is a human right” none the less – justifying the termination of an employee who already
had an open NLRB charge against the employer – on the employee protesting invasions of
privacy & Gobbling of their face.
Leg. Sess. (Cal. Apr. 22, 1998). Since such surveillance was on the rise, the proponents of the statute felt that a
"reasonable limitation" should be placed on it. Hearing on A.B. 2303 Before the S. Comm. on Indus. Relations,
1997-98 Leg. Sess. (Cal. June 11, 1998).
224
California Penal Code Section 647(j) PC, Criminal Invasion of Privacy in California,
225
Gov Docs, More video surveillance in the workplace. But is it legal?, https://www.govdocs.com/can-employers-
use-video-surveillance-monitor-workers/; NLRB v Boeing (2017)
226
18 U.S. Code § 1801 - Video voyeurism, https://www.law.cornell.edu/uscode/text/18/1801
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Conclusion
No matter what it says, Apple is not a company committed to data privacy.
Apple’s business model helped stimulate the data-privacy dystopia we now occupy.
Apple is allowing the surveillance-capitalism atrocities it claims to oppose.
- Ian Bogost, The Atlantic (2019) 227
It’s clear Apple’s use of surveillance and electronic monitoring in the workplace is
illegal, unlawful, and otherwise unethical. It’s clear Apple knows this.
The Restatement makes clear: information regarding an employer's illegal activities is not
a trade secret.228 Further, information regarding an employer's illegal activities is not protectable
by means of restrictive covenant. 229 The public policy protecting whistleblowers would be
completely thwarted if the employer could retaliate with impunity against any employee who
decided to reveal improper conduct by the employer. 230
Yet, Apple is notorious for oppressing & silencing their workforce. An opinion piece was
written by Anil Dash about the issue. Dash is “recognized as one of the most prominent voices
advocating for a more humane, inclusive & ethical technology industry,” was an advisor to the
Obama White House, and is a Board Member of the EFF (Electronic Frontier Foundation) an
international, non-profit digital rights group.231 Dash wrote about Apple:
The sad truth is that Apple is still stuck in an anachronistic, 1984 mode of
communicating with the world. If Apple doesn’t evolve, it’ll become a pathetic-
looking giant, constantly playing whack-a-mole with information leaks,
diminishing its relevance by antagonizing the very creators it has so long sought
to identify with. … The reckoning Apple has reached, whether it’s admitted or
not, is that its secrecy is compromising its humanity…It’s incumbent upon
Apple to do the moral thing here. Treat your employees, customers, suppliers and
partner companies better, by letting them participate in the thing most of your
products are designed for: Human self-expression. If the ethical argument is
unpersuasive, then focus on the long-term viability of your marketing and
branding efforts, and realize that a technology company that is determined to
227
Ian Bogost, Apple’s Empty Grandstanding About Privacy, The Atlantic (2019),
https://www.theatlantic.com/technology/archive/2019/01/apples-hypocritical-defense-data-privacy/581680/
228
Restatement of the Law, Employment Law, § 8.02, Definition of Employer's Trade Secret, Comment
229
Restatement of the Law, Employment Law, § 8.02, Definition of Employer's Trade Secret, Comment
230
Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 229-230, 152 Cal.Rptr.3d 392, 294 P.3d 49; Green v.
Ralee Engineering Co. (1998) 19 Cal.4th 66, 90, 78 Cal.Rptr.2d 16, 960 P.2d 1046 Whitehall v. County of San
Bernardino, 17 Cal.App.5th 352 (2017)
231
EFF, Anil Dash, https://www.eff.org/about/staff/anil-dash
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prevent information from being spread is an organization at war with itself. Civil
wars are expensive, have no winners, and incur lots of casualties.232
Apple clearly did not listen.
The US government has not taken this seriously either. Both the NLRB and US Dept of
Labor initially responded to my charges by attempting to intimidate me to withdraw those
charges, and then when I refused, attempting to intimidate me and interfere with my due process
rights. NLRB is now supposedly investigating. US Dept of Labor has only escalated it animosity
towards me. California Dept of Labor says it won’t even start investigating for another 1-3 years.
Meanwhile I’m now unemployed, denylisted, broke, in debt, severely ostracized, & my
reputation destroyed by smears and defamation.
What is the point of ‘worker protection laws’ or ‘privacy ‘laws’ if they are never
enforced? Do we live in a democracy if corporations are above the law? The first step here is not
passing new laws or enacting more MOUs; the first step is deciding that no company is above
the law. The first step is ensuring labor agencies will actually fulfill their statutory obligations.
We must all agree that labor rights are human rights, and human rights must be protected.
Please let me know if I can be of any help. I’m more than happy to provide documents,
testimony, or other additional resources. Thank you.
Respectfully,
Ashley M. Gjovik, JD
Albany, New York
ashleymgjovik@protonmail.com
232
Anil Dash, Apple: Secrecy Does Not Scale, Anil Dash,
https://anildash.com/2009/07/31/apple_secrecy_does_not_scale/
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M. EXHIBIT M: Government Accountability
Office
Exhibit the Government Accountability Office Report GAO-24-107639, published August 28, 2024 and
blog post published October 29, 2024, which references my public comment OSTP_FRDOC_0001-
0008 in its findings
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 21
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U.S. Government Accountability Office
Digital Surveillance of Workers: Tools, Uses,
and Stakeholder Perspectives
GAO-24-107639
Q&A Report to Congressional Requesters
August 28, 2024
Why This Matters A range of digital surveillance tools have been developed, and employers across
various industries are increasingly using them to monitor their workers. Although
digital surveillance tools can provide employers with information to help improve
their operations, some worker advocates are concerned that these tools can be
used in ways that negatively affect workers. We were asked to examine the kinds
of digital surveillance tools employers use and how such surveillance affects
workers.
This report summarizes 217 public comments submitted to the White House
Office of Science and Technology Policy’s request for information regarding use
of automated digital surveillance tools to monitor workers and the effects of such
surveillance on workers. Stakeholders submitted these comments from May to
June 2023. We identified 211 stakeholders who submitted comments: 91
workers, 19 advocacy organizations, 16 researchers and research organizations,
12 unions, 10 trade associations, eight technology developers, one coalition
comprised of advocacy organizations and a union, and 54 unspecified
stakeholders.
These stakeholders submitted comments regarding various topics such as
worker productivity, privacy, and safety.
Key Takeaways • The digital surveillance tools most frequently mentioned by stakeholders that
employers use include cameras and microphones, computer monitoring
software, geolocation, tracking applications, and devices worn by workers
(wearables).
• Employers use digital tools to monitor (1) productivity and efficiency, (2)
worker performance, (3) safety and health, and (4) workplace security.
• Stakeholders’ views differed regarding the effects of digital surveillance on
worker productivity and worker well-being.
• Workers and stakeholders from unions commented that digital surveillance
may discourage workers from unionizing, make workers feel distrusted by
their employers, and decrease workplace morale.
• Privacy was the most frequently raised concern by stakeholders and the
potential for discrimination or bias was also a frequently raised concern.
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What kinds of digital Stakeholders described an array of digital surveillance tools employers used to
surveillance tools did monitor workers across various industries (see fig. 1). 1
stakeholders describe? Figure 1: Kinds of Digital Surveillance Tools Used in Various Workplaces
Note: GAO classified workers who perform most of their work on a computer (either in an office or remotely) as
“office workers.” This includes those who work in call centers, law, finance, banking, and technology, among
others. The digital surveillance tools shown here are just some of those identified by stakeholders.
• Cameras and microphones. These video- and audio-monitoring tools were
the most commonly mentioned by stakeholders. Specifically, 51 stakeholders
commented that employers use cameras to monitor workers. Additionally, 22
commented that employers use audio-monitoring tools for purposes such as
monitoring calls while at work (11 stakeholders mentioned both cameras and
audio-monitoring tools). For instance, a company may record service
representatives’ phone calls for training purposes. These surveillance tools
are used in sectors like warehousing, retail, healthcare, domestic service, call
centers, and trucking.
• Computer monitoring software. This was the second most common type of
digital surveillance tool, mentioned by 42 stakeholders. This software allows
employers to track workers’ keystrokes, mouse movements, eye movements,
texts, and screenshots. In addition, stakeholders commented that the
software allows employers to track workers’ browser history, locations,
attendance, and work activities. Stakeholders generally commented that this
software is used to monitor office workers.
• Geolocation software. Thirty-three stakeholders commented that employers
use this software to track their workers’ location. This software can be
installed on workers’ personal phones to track their movements throughout
the workday. It can also monitor vehicle speed, driving behavior, and routing.
Geolocation tracking is used in industries such as long-haul trucking, delivery
services, rideshare, gig work, healthcare, domestic service, and construction.
• Tracking applications. Thirty stakeholders commented that some employers
use application-based tracking tools. These tools monitor workers’ start and
end times for work, body movements, speed of work, and activities. In these
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instances, employers require workers to download an application onto either
their personal or company-provided cellphones or tablets. These applications
give employers immediate information about workplace activities. According
to stakeholders, application-based tracking is found in industries such as
rideshare, warehousing, retail, and healthcare.
• Wearables. Twenty-seven stakeholders commented that employers may
require workers to attach various forms of wearable technology to themselves
for monitoring purposes. Electronic sensors embedded in these wearable
devices track body movements, conversations, order processing, and
biometric health data such as heart rate and blood pressure. 2 These tools
can be found in warehouses, heavy industry, healthcare, and office settings.
What do these tools Stakeholders commented that employers use digital tools to monitor (1)
monitor? productivity and efficiency, (2) worker performance, (3) safety and health, and (4)
workplace security (see fig. 2).
Figure 2: Example Uses of Digital Surveillance
• Productivity and efficiency. Seventy-six stakeholders commented that
digital surveillance could be used to monitor worker productivity and
efficiency. Productivity monitoring includes measuring the amount of work
completed and whether workers are on task. For example, stakeholders from
one research organization noted that increasing remote and hybrid work
arrangements had raised employer concerns of workers avoiding their
responsibilities. They commented that these changes had led employers to
track keystrokes and webcams to evaluate productivity. Efficiency refers to
whether workers are optimizing company time, money, and other resources.
For example, one trade association commented that employers used digital
surveillance to help establish economical work practices (see text box).
Comment from a trade association:
“Some [app-based] delivery platforms use [a worker’s] location information
as a tool for businesses, workers, and consumers. By leveraging such
location information, from restaurant pick-up to customer dropoff, the
platforms help drivers ensure they are in the right location and restaurants
are able to time preparation more accurately.”
Source: White House Office of Science and Technology Policy. | GAO-24-107639
• Performance. Sixty-four stakeholders commented that digital surveillance
tools are used to determine the quality of work completed and whether
workers are fulfilling their responsibilities appropriately and accurately. For
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instance, stakeholders from one union commented that some truck drivers
may be monitored for their driving behavior, such as whether their hands are
on the wheel or if their eyes are facing forward. This data can be used to
evaluate drivers’ performance and may be used for disciplinary purposes in
cases of distracted driving or if drivers do not complete their routes on time.
• Safety and health. Thirty-one stakeholders commented that employers may
use digital surveillance to ensure worker safety and prevent accidents. Nine
stakeholders commented that employers may use digital surveillance tools to
assess their workers’ health as they complete their responsibilities. For
instance, stakeholders from a union commented that some employers require
workers to wear monitors to collect data on workers’ heart rate or blood
pressure to evaluate mental or physical stress levels.
• Security. Thirteen stakeholders commented that digital surveillance can also
be used to maintain security—ensuring only authorized personnel enter the
workplace and preventing loss, theft, or waste of resources. For example, a
researcher reported that facial recognition technology can monitor workers
handling sensitive information and send alerts if an unauthorized person
accesses the information.
How does digital Stakeholders’ views differed regarding the effect of digital surveillance on worker
surveillance affect productivity. Researchers and stakeholders from unions and advocacy
worker productivity? organizations commented that it is difficult to know its effects because digital
surveillance tools may not accurately measure productivity. However, other
stakeholders offered differing views on how digital surveillance affects worker
productivity. For example, trade associations and researchers commented that
digital surveillance increases worker productivity. In contrast, other stakeholders
said that it reduces worker productivity.
• Possible inaccurate measures of productivity. Thirty-one stakeholders,
including researchers and stakeholders from unions and advocacy
organizations, commented that digital surveillance tools may provide an
incomplete or inaccurate measure of productivity. For example, stakeholders
from a research organization and an advocacy organization commented that
employers may not be fully capturing workers’ performance because some
tasks may be completed offline or are not easily traced. Also, a worker
advocacy organization commented that digital surveillance tools that measure
how long a worker takes to complete tasks may not accurately account for
things such as breaks and accommodations needed for injuries.
• Differing views about effects on worker productivity. Sixteen
stakeholders, including trade associations, researchers, and a technology
developer, commented that digital surveillance increases worker productivity.
For instance, stakeholders from one trade association commented that digital
surveillance allows employers to identify specific areas for improvement and
provide targeted coaching, training, and other support. In contrast, nine
stakeholders, including those from advocacy organizations, workers, and
researchers, commented that digital surveillance reduces productivity. For
example, a researcher commented that workers frequently take on
insignificant or meaningless tasks to meet metrics that make them appear
productive. This can include jiggling a mouse so it is registered by monitoring
software.
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How does digital Workers and stakeholders from unions commented that digital surveillance may
surveillance affect discourage workers from unionizing and make workers feel distrusted by their
workers’ relationships employers. They also commented that it can decrease workplace morale.
with their employers? • May discourage unionizing efforts. Thirty-one stakeholders, including
workers and stakeholders from unions and research organizations,
commented that digital surveillance may discourage unionizing efforts. One
researcher commented that by monitoring and collecting data on workers,
employers compile information that can be used to deter unionization.
Several stakeholders from unions, advocacy organizations, and research
organizations commented that employers in many industries use digital
surveillance tools to identify and monitor workers who engage in labor
organizing and union activity.
• Feeling distrusted by employers. Twenty stakeholders commented that
digital surveillance may make workers feel distrusted by employers, with nine
workers specifically commenting they felt that their employers did not trust
them. Stakeholders from an advocacy organization, a union, and a
researcher commented that due to monitoring, some workers have become
more hesitant to voice their concerns about workplace issues, fearing that
their digital activity will be used against them. One researcher highlighted a
“negative spiral” in which employer distrust demotivated workers and
adversely affected productivity.
• Decreased workplace morale. Nineteen stakeholders, including several
unions, commented that digital surveillance can have a negative effect on
workers’ morale. For example, a researcher commented that workplace
morale decreases when workers who are monitored worry about how their
productivity scores will affect their pay. One union said that heightened
expectations on employees combined with frequent and secretive
surveillance has had significant negative impacts on their morale.
How does digital Stakeholders commented that digital surveillance has mixed effects on worker
surveillance affect well-being. Workers and researchers commented that digital surveillance tools
worker well-being? had negative effects on mental health and generally negative effects on
workplace safety. In contrast, stakeholders, including researchers and
stakeholders from advocacy organizations, commented that these tools had a
positive effect on workplace security. Additionally, stakeholders, including trade
associations, commented that these tools had a positive effect on preventing
illness.
• Negative effects on mental health. Fifty-nine stakeholders, including
workers, researchers, unions, and advocacy organizations commented that
digital surveillance decreased workers’ mental health (see text box). Workers
reported that digital surveillance increased stress and fear. Advocacy
organizations also said that digital surveillance increased anxiety and
depression among workers. A researcher commented that performance-
scoring technologies can increase workers’ stress and the risk of mental
health problems. Specifically, they commented that when an employer turns
productivity-scoring systems into “games” that pit workers against each other
by making their productivity metrics public, workers’ stress increases.
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Comment from a call center agent:
“All of these tools are often used to drive an unrelenting push for sales . . .
This pressure to sell and the various ways that managers can monitor me
creates an enormous amount of stress. Over the past few years in this
position, the stress has made me sick to my stomach and unable to get out
of bed in the morning to do my job. I’ve started taking [medical leave] as a
result of missing workdays due to stress.”
Source: White House Office of Science and Technology Policy. | GAO-24-107639
• Generally negative comments about effects on workplace safety. Forty-
nine stakeholders, including workers and stakeholders from advocacy
organizations, commented that digital surveillance tools can reduce safety.
For example, some stakeholders commented that these tools increase the
pace at which workers must complete tasks, and therefore can make tasks
more dangerous. Conversely, 15 stakeholders, including an advocacy
organization and several trade associations, commented that digital
surveillance tools can increase safety by reducing accidents and injuries. For
instance, stakeholders from a trade association commented that employers
may use digital surveillance tools, such as wearable technology, to detect
ergonomic risks, toxic or combustible liquids or gases, and other hazards.
• Positive effects on workplace security. Twelve stakeholders, including
researchers and stakeholders from trade associations, unions, and an
advocacy organization, commented that digital surveillance tools improved
workers’ well-being by preventing workplace violence and increasing
workplace security (see text box). One of these stakeholders commented that
digital surveillance tools, such as those that detect intruders, can protect
workers from harm and improve emergency responses. For example,
rideshare platforms monitor for instances of unusual activities, such as long
stops, which may be an indication of an emergency. A trade association also
commented that digital surveillance tools can enhance workplace security by
deterring potential criminal activity such as workplace violence, theft, and
security breaches.
Comment from a labor union:
“[The union] has also negotiated to ensure that hotel housekeepers have
GPS-enabled panic buttons to alert hotel security if they feel unsafe or
threatened, a not uncommon occurrence for housekeepers who have faced
sexual harassment and assault from hotel guests.”
Source: White House Office of Science and Technology Policy. | GAO-24-107639
• Positive effects on illness prevention. Four stakeholders—two trade
associations, a union, and an advocacy organization—commented that
employers use digital surveillance tools to prevent or reduce illness. One
trade association commented that digital surveillance enabled employers to
enforce relevant health protocols during the COVID-19 pandemic (see text
box). Another trade association commented that digital surveillance tools,
such as heat stress monitors, can reduce workers’ risk of heat-related
illnesses.
Comment from a trade association:
“During COVID-19, the use of automated systems has enabled individuals
to work safely by helping employers utilize cameras, sensors, and
augmented reality to create important social-distancing tools and enforce
relevant health protocols.”
Source: White House Office of Science and Technology Policy. | GAO-24-107639
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What concerns did Stakeholders generally described privacy concerns regarding the information
stakeholders report employers collect on workers’ digital activities (digital privacy) and bodies (bodily
about the use of these privacy). Privacy was the most frequently raised concern by stakeholders, with
tools regarding 87 stakeholders commenting about this issue.
privacy? • Digital privacy. Seventy-three stakeholders, including workers, researchers,
and stakeholders from unions and advocacy organizations, commented that
digital surveillance tools can monitor workers’ digital information through their
personal or company-owned devices. Stakeholders from a union federation
described some employers requiring remote workers to download software
that gave managers access to their computer cameras and microphones
while they were at home. A worker reported being fired from a large
technology company after raising concerns about the company’s privacy
policy, which empowered managers to access, search, monitor, archive, and
delete data stored on any worker’s devices. Four stakeholders, including one
researcher, two advocacy organizations, and a union, commented that
employers may monitor workers’ social media posts to identify workers who
may be involved in labor organizing activities.
• Bodily privacy. Thirty-three stakeholders, including workers, unions,
researchers, and advocacy organizations, commented that employers collect
information related to workers’ bodies. This could include biometric
measurements or recordings of voices. For example, some employers record
videos, watch employees via cameras, access their microphones, or record
their voices on personal devices. Others collect biometric and health data
through wearable technology or phone applications, including those that can
track menstruation. While some stakeholders from trade associations
commented that biometric data collection can help improve workplace safety
and employee well-being, unions, workers, and advocacy organizations
commented that such surveillance violates workers’ privacy.
What concerns did The potential for discrimination or bias was also among the most frequently
stakeholders report raised concerns by stakeholders. Sixty-three stakeholders, including advocacy
about the potential for organizations, researchers, and unions, identified the potential for such
discrimination or bias discrimination or bias based on several characteristics including race, gender
and pregnancy, or disability.
due to the use of digital
surveillance? • Race. Twenty-nine stakeholders commented that digital surveillance could
lead to potential discrimination or bias toward workers based on race.
Stakeholders from an advocacy organization commented that when digital
surveillance is used to monitor employee performance—especially if it
requires customer reviews—racial bias can lead to negative outcomes for
racial minorities. This organization also commented that rideshare drivers rely
on online customer ratings to earn wages and maintain their employment on
application-based platforms. Additionally, if a driver consistently receives low
customer service ratings due to potential racial bias from passengers, the
driver risks getting removed from the rideshare platform. Further, this
advocacy organization commented that minority drivers are more likely to be
suspended from rideshare platforms due to customer service complaints.
• Gender and pregnancy. Twenty-one stakeholders commented that digital
surveillance could lead to potential discrimination or bias against women or
pregnant workers. For example, stakeholders from one research and one
advocacy organization commented that a wellness app used by employers
gathered information about menstruation, fertility, and pregnancy.
Stakeholders from the advocacy organization commented that an employer
Page 7 GAO-24-107639 Digital Surveillance of Workers
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 137 of 217
with access to that information could terminate or fail to promote an individual
before they disclose their pregnancy status to their employer.
• Disability. Twelve stakeholders commented that digital surveillance could
lead to potential discrimination or bias toward workers with disabilities.
Stakeholders commented that workers with disabilities may need more time
to complete tasks, and digital surveillance that monitors their productivity may
flag them as low performers. According to stakeholders from an advocacy
organization, individuals with certain disabilities or chronic illnesses that
cause delays in cognitive processes and physical activities may require more
time to complete tasks (see text box). Other stakeholders commented that
employers using digital surveillance often consider whether the worker can
maintain the pace of work in their role when evaluating productivity and
performance. One stakeholder commented that time used for a bathroom
break is considered by employers to determine productivity. This could
negatively affect the perceived performance of workers with disabilities, who
may require more time for bathroom breaks.
Comment from a coalition of worker advocacy organizations:
“[Electronic surveillance combined with automated management] poses unique
risks that threaten to exacerbate the disadvantages that pregnant and disabled
workers already face. One of the most common uses of [this technology] is to
increase the pace of work, discouraging workers from taking breaks or
downtime and often penalizing them for doing so. Such practices may
discriminate against disabled and pregnant workers, who may be more
susceptible to new and aggravated injuries and illnesses in the workplace and
are expected to comply with arbitrary, automatically enforced standards that do
not consider disability- and pregnancy-related needs that may require
opportunities for rest, flexibility, and supportive work environments. Workers
with gastrointestinal and urinary tract disorders, for example, may need to use
the restroom more frequently or at unpredictable times.”
Source: White House Office of Science and Technology Policy. | GAO-24-107639
What concerns did Advocacy organizations, researchers, unions, and workers commented that
stakeholders report workers do not understand how employers use data they collect from digital
about workers’ surveillance to make decisions.
knowledge of how • Lack of transparency. Forty-five stakeholders, including workers, advocacy
employers use data organizations, researchers, and unions, commented that there is a lack of
collected through transparency about employers’ use of digital surveillance (see text box). For
digital surveillance? example, eight workers commented that their employers are not forthright
about how they use workers’ data to evaluate them or make job-related
decisions. Two workers and a research organization commented that even
when they are required to download digital surveillance tools onto their
personal devices, employers are not transparent about what information they
collect or how they use the information.
Page 8 GAO-24-107639 Digital Surveillance of Workers
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 138 of 217
Comment from a technology worker:
“I was sent a company computer with a webcam and required to have it on at
all times (except for breaks). The computer requires me to log in to my user
profile . . . I am required to scan my facial biometrics. Once the lengthy
verification login process is done, I am on camera all day. The webcam
monitoring software uses [Artificial Intelligence] AI to track what is caught on
camera, looking for violations. Certain violations are known to us, such as
pointing [a] phone at [the] screen or leaving the desk, but no further information
is told to us about all violations the AI is looking for and what else is the AI
tracking.”
Source: White House Office of Science and Technology Policy. | GAO-24-107639
How GAO Did This We analyzed public comments submitted to the White House Office of Science
Study and Technology Policy (OSTP) in response to a request for information regarding
experiences with the use of automated worker surveillance and management. 3
OSTP requested information from the public—including private and public sector
workers—to better understand the prevalence, uses, purposes, and deployment
of automated digital surveillance tools, including effects of these tools on
workers’ physical and mental health, privacy, and ability to exercise workplace
rights.
OSTP’s comment period ran from May 3 through June 29, 2023. In its request for
public comments, OSTP noted that it was particularly interested in hearing from
workers who have experienced automated digital surveillance; unions and
advocacy organizations; employers, operators of virtual platforms, and other
entities that match workers with opportunities to generate income; trade and
business associations; researchers; and developers and vendors who
manufacture or sell this type of technology, among others.
This report is the first of two reports on digital surveillance of workers. It
summarizes 217 public comments submitted to OSTP through a request for
information on the use of automated digital surveillance tools to monitor workers
and the effect of such surveillance on workers. In the second report, we will
incorporate stakeholder interviews and a literature search to enhance the
information related to the impacts and uses of digital surveillance. Additionally,
we will address how federal agencies oversee employers' use of digital
surveillance technology.
For this report, we used a multistep process to analyze stakeholders’ comments.
This included: transferring the comments into a qualitative analysis software
program; identifying themes in the comments and creating categories based on
these themes; establishing agreement among the three analysts who reviewed
the comments about how to categorize them into these themes; and having a
fourth analyst verify that the comments were categorized correctly. We analyzed
these comments to identify the types of digital surveillance tools stakeholders
reported using. We also analyzed the comments to examine the types of workers
who were monitored with these tools, how these tools were being used, and their
effect on workers.
We conducted our work from June 2024 to August 2024 in accordance with all
sections of GAO’s Quality Assurance Framework that are relevant to our
objectives. The framework requires that we plan and perform the engagement to
obtain sufficient and appropriate evidence to meet our stated objectives and to
discuss any limitations in our work. We believe that the information and data
obtained, and the analysis conducted, provide a reasonable basis for the
information we report in this product.
Page 9 GAO-24-107639 Digital Surveillance of Workers
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 139 of 217
List of Addressees The Honorable Robert P. Casey, Jr.
Chairman
Special Committee on Aging
United States Senate
The Honorable Robert C. “Bobby” Scott
Ranking Member
Committee on Education and the Workforce
House of Representatives
As agreed with your offices, unless you publicly announce the contents of this
report earlier, we plan no further distribution until 29 days from the report date. At
that time, we will send copies to the appropriate congressional committees and
other interested parties. In addition, the report will be available at no charge on
the GAO website at https://www.gao.gov.
GAO Contact For more information, contact: Thomas Costa, Director, Education, Workforce,
Information and Income Security, CostaT@gao.gov, (202) 512-4769.
Sarah Kaczmarek, Acting Managing Director, Public Affairs,
KaczmarekS@gao.gov, (202) 512-4800.
A. Nicole Clowers, Managing Director, Congressional Relations,
ClowersA@gao.gov, (202) 512-4400.
Staff Acknowledgments: Mary Crenshaw (Assistant Director), Hedieh Fusfield
(Analyst in Charge), Sarika Akula, James Bennett, John Bornmann, Dustin
Cohan, Yasmine Evans, Lauren Kirkpatrick, Gabriel Nelson, Stacia Odenwald,
Aaron Olszewski, and Kathleen van Gelder.
Connect with GAO on Facebook, Flickr, Twitter, and YouTube. Subscribe to our
RSS Feeds or Email Updates. Listen to our Podcasts.
Visit GAO on the web at https://www.gao.gov.
This is a work of the U.S. government but may include copyrighted material. For
details, see https://www.gao.gov/copyright.
Endnotes
1We counted stakeholders as workers if they identified themselves as a worker or we inferred that
they were a worker based on their comment. Specifically, we inferred that they were workers if they
described their experiences or perspectives about digital surveillance that they encountered at
work.
2For more information on wearable technology, see GAO, Science & Tech Spotlight: Wearable
Technologies in the Workplace, GAO-24-107303 (Washington, D.C.: March 2024). We reported
that certain wearables could reduce the risk of injuries from strenuous work or worker-equipment
collisions and may improve response time to emergencies but concerns about privacy, cost, and
ease of use may hinder widespread adoption.
3Request for Information; Automated Worker Surveillance and Management, 88 Fed. Reg. 27,932
(May 3, 2023).
Page 10 GAO-24-107639 Digital Surveillance of Workers
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MENU
U.S. Government Accountability Office
< WatchBlog: Following the Federal
Dollar
'Why do I feel like somebody’s watching
me?' Workplace Surveillance Can Impact
More Than Just Productivity
Posted on October 29, 2024
Do you ever get that eerie feeling like someone’s watching you at work?
In today’s digital world, employers are increasingly using digital surveillance tools to
monitor workers. While many employers say that digital surveillance has benefits like
increasing worker productivity, most workers say being watched gives them the
creeps.
The question is—does this constant monitoring actually work? Does it increase
productivity and safety, or is it killing morale and causing other issues?
For Halloween, today’s WatchBlog post answers these and other questions, while
looking at our new report about digital surveillance tools.
https://www.gao.gov/blog/why-do-i-feel-somebodys-watching-me-workplace-surveillance-can-impact-more-just-productivity 1/9
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Productivity
Cameras, microphones, and tracking software—oh
my! Why do employers like “bossware?”
Often referred to as “bossware,” a wide range of digital surveillance tools are used in
all kinds of workplaces. These include warehousing, retail, trucking, health care, and
banking, to name just a few.
Digital Surveillance tools include everything from cameras, microphones, and
computer monitoring software to advanced tracking software (like GPS), app-based
monitoring, and even wearable devices that track workers’ health data.
Why do employers like digital surveillance? The primary aim of digital surveillance is
to monitor workers’ productivity, performance, and efficiency. It allows employers to
identify specific areas for improvement and provide targeted coaching, training, and
other support. Some employers began using surveillance tools after increasing
workplace flexibilities for their staff, such as remote and hybrid work arrangements.
Employers who allow telework have raised concerns that workers are slacking off
when working from home. Digital surveillance tools allow employers to check whether
https://www.gao.gov/blog/why-do-i-feel-somebodys-watching-me-workplace-surveillance-can-impact-more-just-productivity 2/9
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their staff are working from where they say they are (and not… the beach, for
example).
Some employers said they also use digital surveillance tools to increase workplace
safety and health. For example, in oil production, one employer uses wearable devices
to track workers’ sweat levels and electrolyte loss to help prevent heat stress on the
job.
Digital surveillance also bolsters security to ensure that only authorized personnel
enter sensitive areas. With innovations like facial recognition technology, employers
can swiftly respond to potential threats, creating safer working environments. For
example, a labor union official commented that GPS-enabled panic buttons are used
for hotel housekeepers to “alert hotel security if they feel unsafe or threatened, a not
uncommon occurrence for housekeepers who have faced sexual harassment and
assault from hotel guests.”
Even with these potential benefits, employers weren’t always sure how effective their
tools were. For example, perpetual monitoring had led some workers to game the
system—performing meaningless tasks, like jiggling a mouse, just to meet arbitrary
milestones. And the constant monitoring is leading to negative effects on workers,
which may outweigh some benefits.
Under constant scrutiny—why do workers dislike
surveillance tools?
Digital surveillance tools are putting employees on edge and having other negative
effects that could impact their mental health, morale, productivity, and more.
Worsens mental health: Constant surveillance can amplify workers’ stress and
anxiety levels, making them feel like they’re under a microscope. The sheer act
of surveillance can contribute to workers’ feeling less confident or enthusiastic
about their jobs. Workers increasingly reported feeling that they cannot voice
concerns or share suggestions out of fear that their digital footprint will bite
back. When the work environment makes workers feel scrutinized, it may very
well foster a culture of distrust.
For example, a call center worker said that surveillance tools have resulted in an
unrelenting push to improve sales. They said, “The pressure to sell and the
https://www.gao.gov/blog/why-do-i-feel-somebodys-watching-me-workplace-surveillance-can-impact-more-just-productivity 3/9
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various ways that managers can monitor me creates an enormous amount of
stress.”
Discourages unionization: Being perpetually watched can also eat away at a
workers’ sense of autonomy and privacy. Consequently, some workers feel it
discourages workplace solidarity and unionization efforts. When workers fear
their every move is being tracked, organizing for better conditions feels risky—
undermining solidarity and weakening workplace morale.
Potential to create discrimination: Workers’ advocates and researchers worry
about the potential for digital surveillance to create bias or discrimination. Some
worry that AI-driven performance metrics might unfairly target certain groups.
For instance, those who take longer to complete tasks due to disability or other
factors. This could magnify existing disability, racial, or gender inequalities in the
workplace.
For more spooky details, read our new report.
GAO’s fact-based, nonpartisan information helps Congress and federal agencies
improve government. The WatchBlog lets us contextualize GAO’s work a little
more for the public. Check out more of our posts at GAO.gov/blog.
Topics
Employment Department of Labor Occupational Safety and Health Administration
Workplace safety and health Worker protections Worker safety
Electronic surveillance Education, Workforce, and Income Security
GAO Contacts
https://www.gao.gov/blog/why-do-i-feel-somebodys-watching-me-workplace-surveillance-can-impact-more-just-productivity 4/9
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Thomas Costa
Director
Education, Workforce, and Income Security
costat@gao.gov
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Digital Surveillance of Workers: Tools, Uses, and Stakeholder
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GAO-24-107639
Published: Aug 28, 2024
Publicly Released: Sep 11, 2024
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 149 of 217
N. EXHIBIT N: NLRB
NLRB National Settlement Agreement, Case No. 32-CA-284428
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 22
(3 of 414), Page 3 of 414 Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 3 of 414
Case3:23-cv-04597-EMC
Case 3:23-cv-04597-EMC Document
Document307-1
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Filed 04/15/25
03/13/26 Page
Page 16
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32-CA-284428
NOTICE TO
FORM NLRB-4722
EMPLOYEES
POSTED PURSUANT TO A SETTLEMENT AGREEMENT
APPROVED BY A REGIONAL DIRECTOR OF THE
NATIONAL LABOR RELATIONS BOARD
AN AGENCY OF THE UNITED STATES GOVERNMENT
THE NATIONAL LABOR RELATIONS ACT GIVES YOU THE RIGHT TO:
• Form, join, or assist a union;
• Choose a representative to bargain with us on your behalf;
• Act together with other employees for your benefit and protection;
• Choose not to engage in any of these protected activities.
WE WILL NOT interfere with, restrain, or coerce you in the exercise of the above rights.
YOU HAVE THE RIGHT to discuss wages, hours and working conditions and WE WILL NOT do
anything to interfere with your exercise of that right.
WE WILL NOT promulgate, maintain, or enforce any rule that defines confidential information as
“anything not explicitly, publicly, or purposefully disclosed by Apple.”
WE WILL NOT promulgate, maintain, or enforce a Confidentiality and Intellectual Property Agreement,
Business Conduct Policy, Misconduct and Discipline Policy, Social Media and Online Communications
Policy, Confidentiality Obligations Upon Termination of Employment statement, or a Business Conduct
and Global Compliance FAQ regarding confidential information that broadly defines “confidential” or
“proprietary” information, or relies upon any other overly broad definitions of those terms, without
contemporaneously notifying employees of their rights to discuss wages, hours, or working conditions and
their rights to engage in union or other protected, concerted activity under the NLRA.
WE WILL NOT promulgate, maintain, or enforce a Business Conduct Policy that broadly restricts public
speaking, responses to press inquiries and publishing articles without contemporaneously notifying
employees of their rights to speak publicly, respond to press inquiries and publish articles regarding their
wages, hours, or working conditions, or their union or other protected, concerted activity under the NLRA.
WE WILL NOT promulgate, maintain, or enforce a Business Conduct Policy that broadly restricts
“conflicts of interest” or “outside activities,” without contemporaneously notifying employees that such
policies do not restrict their right to form, join or assist a union, or engage in other protected, concerted
activity and that these activities are not considered to be conflicts of interest or outside activities under such
policy.
WE WILL NOT promulgate, maintain, or enforce a Business Conduct Policy that broadly prohibits
sharing of employee personal identifying information if such policy could be interpreted as prohibiting the
sharing of personal contact information, employment history, compensation or other terms and conditions
of employment.
WE WILL NOT promulgate, maintain, or enforce a Workplace Searches and Privacy Policy that advises
you that we have the right to access Apple’s network or systems, or any non-Apple device used to conduct
Apple business, without contemporaneously advising you that we will not exercise our right of access to
monitor your union or other protected, concerted activity.
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor Relations Act. We conduct secret-ballot
elections to determine whether employees want union representation and we investigate and remedy unfair labor practices by employers and unions. To find
out more about your rights under the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board’s Regional
Office set forth below or you may call the Board's toll-free number 1-844-762-NLRB (1-844-762-6572). Hearing impaired callers who wish to speak to an
Agency representative should contact the Federal Relay Service (link is external) by visiting its website at https://www.federalrelay.us/tty (link is external),
calling one of its toll free numbers and asking its Communications Assistant to call our toll free number at 1-844-762-NLRB.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE.
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST NOT BE ALTERED DEFACED OR
COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED
TO, THE ASSISTANT TO THE REGIONAL DIRECTOR NATHAN SEIDMAN AT nathan.seidman@nlrb.gov or (21 3) 634-6518. PANEL 1 OF 3
(4 of 414), Page 4 of 414 Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 4 of 414
Case3:23-cv-04597-EMC
Case 3:23-cv-04597-EMC Document
Document307-1
203 Filed
Filed 04/15/25
03/13/26 Page
Page 17
151ofof523
217
32-CA-284428
NOTICE TO
FORM NLRB-4722
EMPLOYEES
POSTED PURSUANT TO A SETTLEMENT AGREEMENT
APPROVED BY A REGIONAL DIRECTOR OF THE
NATIONAL LABOR RELATIONS BOARD
AN AGENCY OF THE UNITED STATES GOVERNMENT
THE NATIONAL LABOR RELATIONS ACT GIVES YOU THE RIGHT TO:
• Form, join, or assist a union;
• Choose a representative to bargain with your employer on your behalf;
• Act together with other employees for your benefit and protection;
• Choose not to engage in any of these protected activities.
WE WILL NOT promulgate, maintain, or enforce a Misconduct and Discipline Policy that fails to
reiterate employee rights during investigations that Apple may conduct regarding alleged unfair labor
practices under the National Labor Relations Act, and/or contains overly broad restrictions on photography
and recording.
WE WILL NOT advise you that you are subject to discipline for violating overly broad rules regarding
confidential or proprietary information or for failing to report alleged violations of overly broad rules
relating to confidential or proprietary information.
WE WILL NOT advise you that you are subject to discipline for violating overly broad rules regarding
photographing, video or audio recording that prohibit the recording of protected, concerted activity.
WE HAVE clarified the aspects of the Confidentiality and Intellectual Property Agreement described
above and revised it to make clear that the definition of “Proprietary Information,” which was changed to
“Apple Confidential Information,” does not include wages, hours, and working conditions, to reiterate
employee rights about discussing terms and conditions of employment and reporting to governmental
agencies, and to make clear that prohibitions against “conflicting outside interests” do not cover forming or
joining (or refraining from joining) labor organizations of an employee’s choice and WE HAVE informed
employees of these clarifications.
WE HAVE rescinded the aspects of Business Conduct and Global Compliance FAQ regarding
Confidential Information described above and revised it to conform with the definition of Apple
Confidential Information described above and WE HAVE informed employees of these revisions.
WE HAVE rescinded the aspects of the Business Conduct Policy described above and revised it to make
clear that Apple Confidential Information does not include wages, hours, and working conditions, that
employees may communicate about labor disputes, to clarify that employees may not respond to public
inquiries or participate in speaking engagements where employees could be construed as speaking on
behalf of Apple, to clarify that employees may publish articles but must receive approval about articles
about Apple products or services or could be seen as a conflict of interest, make clear that a conflict of
interest does not include forming, joining, or assisting a union, or engaging in protected, concerted activity,
to make clear that employees do not need to notify a manager of outside employment that complies with
our policy, and to inform employees that searches will not be used to monitor employees’ protected,
concerted activity, and WE HAVE informed employees of these revisions.
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor Relations Act. We conduct secret-ballot
elections to determine whether employees want union representation and we investigate and remedy unfair labor practices by employers and unions. To find
out more about your rights under the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board’s Regional
Office set forth below or you may call the Board's toll-free number 1-844-762-NLRB (1-844-762-6572). Hearing impaired callers who wish to speak to an
Agency representative should contact the Federal Relay Service (link is external) by visiting its website at https://www.federalrelay.us/tty (link is external),
calling one of its toll free numbers and asking its Communications Assistant to call our toll free number at 1-844-762-NLRB.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE.
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST NOT BE ALTERED DEFACED OR
COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED
TO, THE ASSISTANT TO THE REGIONAL DIRECTOR NATHAN SEIDMAN AT nathan .seidman@nlrb.gov or (21 3) 634-6518.
PANEL 2 OF 3
(5 of 414), Page 5 of 414 Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 5 of 414
Case3:23-cv-04597-EMC
Case 3:23-cv-04597-EMC Document
Document307-1
203 Filed
Filed 04/15/25
03/13/26 Page
Page 18
152ofof523
217
32-CA-284428
NOTICE TO
FORM NLRB-4722
EMPLOYEES
POSTED PURSUANT TO A SETTLEMENT AGREEMENT
APPROVED BY A REGIONAL DIRECTOR OF THE
NATIONAL LABOR RELATIONS BOARD
AN AGENCY OF THE UNITED STATES GOVERNMENT
THE NATIONAL LABOR RELATIONS ACT GIVES YOU THE RIGHT TO:
• Form, join, or assist a union;
• Choose a representative to bargain with your employer on your behalf;
• Act together with other employees for your benefit and protection;
• Choose not to engage in any of these protected activities.
WE HAVE rescinded the aspects of the Workplace Searches and Privacy Policy described above and
revised it to conform with the definition of Apple Confidential Information described above and to inform
employees that searches will not be used to monitor employees’ protected, concerted activity and WE
HAVE informed employees of these revisions.
WE HAVE rescinded the aspects of the Misconduct and Discipline Policy described above and revised it
to conform with the definition of Apple Confidential Information described above, to reiterate employee
rights under the National Labor Relations Act relating to certain workplace investigations relating to
alleged unfair labor practices under the National Labor Relations Act, to clarify when recording and
photography is permitted and prohibited, and WE HAVE informed employees of these revisions.
WE HAVE rescinded the aspects of the Social Media and Online Communications Policy described above
and revised it to conform with the definition of Apple Confidential Information described above and WE
HAVE informed employees of these revisions.
WE HAVE rescinded the prior version of the Confidentiality Obligations Upon Termination of
Employment statement, which contained an overbroad definition of proprietary information, and revised it
to conform with the definition of Apple Confidential Information described above and WE HAVE
informed employees of these revisions.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of the Act.
APPLE INC.
(Charged Party)
Dated: By:
(Representative) (Title)
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor Relations Act. We conduct secret-ballot
elections to determine whether employees want union representation and we investigate and remedy unfair labor practices by employers and unions. To find
out more about your rights under the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board’s Regional
Office set forth below or you may call the Board's toll-free number 1-844-762-NLRB (1-844-762-6572). Hearing impaired callers who wish to speak to an
Agency representative should contact the Federal Relay Service (link is external) by visiting its website at https://www.federalrelay.us/tty (link is external),
calling one of its toll free numbers and asking its Communications Assistant to call our toll free number at 1-844-762-NLRB.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE.
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST NOT BE ALTERED DEFACED OR
COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED
TO, THE ASSISTANT TO THE REGIONAL DIRECTOR NATHAN SEIDMAN AT nathan.seidman@nlrb.gov or (213) 634-6518.
PANEL 3 OF 3
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 153 of 217
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
SETTLEMENT AGREEMENT
IN THE MATTER OF
APPLE INC. Case 32-CA-284428
Subject to the approval of the Regional Director for the National Labor Relations Board, the
Charged Party Apple Inc. and the Charging Party Ashley Marie Gjovik
HEREBY AGREE TO SETTLE THE ABOVE MATTER AS FOLLOWS:
POSTING OF NOTICE TO EMPLOYEES — The Charged Party will post a link to a copy of
the Notice in English and in additional languages if the Regional Director decides that it is
appropriate to do so, on the Policies and Notices page of its People intranet and keep such link
continuously posted there for 60 consecutive days from the date it was originally posted. Such
link will read, “This Notice is Posted Pursuant to a Settlement Agreement Approved by the
Regional Director of Region 21 of the National Labor Relations Board in Case 32-CA-284428.”
Charged Party will also post, on a public-facing website maintained indefinitely by Charged
Party containing legal notices, an explanation of revisions to the definition of Confidential
Information (or comparable term) in the Confidentiality and Intellectual Property Agreement. To
document its compliance with this requirement, the Charged Party will submit screen shots of the
posting to include screen shots of the path to the intranet page that shows the Notice, along with
a fully completed Certification of Posting form, via the Agency’s e-filing portal at
www.nlrb.gov. Should further investigation or verification of the intranet or website posting
become necessary, the Charged Party will provide appropriate intranet or website access to the
Compliance Assistant or Compliance Officer assigned to the case(s).
COMPLIANCE WITH NOTICE — The Charged Party will comply with all the terms and
provisions of said Notice.
NON-ADMISSION—By entering into this Agreement the Charged Party does not admit to any
violation of the National Labor Relations Act (“Act”).
ADDITIONAL TERMS – The Charged Party agrees that it will not enforce the definition of
Proprietary Information (or similar terms) set forth in any version of the Confidentiality and
Intellectual Property Agreement (“IPA”) effective as of the date that this Agreement is executed
to the extent that such definition covers terms and conditions of employment protected under
Section 7 of the Act.
A further material term of this Agreement is that the Charged Party is directed to prospectively
clarify the definition of Proprietary Information (or similar terms) in the IPA and make other
clarifications to the IPA relating to the Section 7 rights of employees or at its option issue a new
IPA for certain employees with prospective effect, with such clarified definition of Proprietary
MLS
Charged Party Initials: _____________ Charging Party Initials: _________________
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 154 of 217
Information (or similar terms) or such new agreement as reflected in the attached Appendix A,
and has agreed to revise certain other policies, as reflected in the attached Appendix B. 1
SCOPE OF THE AGREEMENT — This Agreement settles only the allegations in the above-
captioned case(s), including all allegations covered by the attached Notice to Employees made
part of this agreement, and does not settle any other case(s) or matters, including, but not limited
to, 32-CA-282142, 32-CA-283161, and 32-CA-284441. It does not prevent persons from filing
charges, the General Counsel from prosecuting complaints, or the Board and the courts from
finding violations with respect to matters that happened before this Agreement was approved
regardless of whether General Counsel knew of those matters or could have easily found them
out. The General Counsel reserves the right to use the evidence obtained in the investigation and
prosecution of the above-captioned case(s) for any relevant purpose in the litigation of this or
any other case(s), and a judge, the Board and the courts may make findings of fact and/or
conclusions of law with respect to said evidence.
PARTIES TO THE AGREEMENT — If the Charging Party fails or refuses to become a party
to this Agreement and the Regional Director determines that it will promote the policies of the
National Labor Relations Act, the Regional Director may approve the settlement agreement and
decline to issue or reissue a Complaint in this matter. If that occurs, this Agreement shall be
between the Charged Party and the undersigned Regional Director. In that case, a Charging
Party may request review of the decision to approve the Agreement. If the General Counsel does
not sustain the Regional Director's approval, this Agreement shall be null and void.
AUTHORIZATION TO PROVIDE COMPLIANCE INFORMATION AND NOTICES
DIRECTLY TO CHARGED PARTY — Counsel for the Charged Party authorizes the
Regional Office to forward the cover letter describing the general expectations and instructions
to achieve compliance, a conformed settlement, original notices and a certification of posting
directly to the Charged Party. If such authorization is granted, Counsel will be simultaneously
served with a courtesy copy of these documents.
Yes __________ No MLS
__________
Initials Initials
PERFORMANCE — Performance by the Charged Party with the terms and provisions of this
Agreement shall commence immediately after the Agreement is approved by the Regional
Director, or if the Charging Party does not enter into this Agreement, performance shall
commence immediately upon receipt by the Charged Party of notice that no review has been
requested or that the General Counsel has sustained the Regional Director. The Charged Party
agrees that in case of non-compliance with any of the terms of this Settlement Agreement by the
Charged Party, and after 14 days notice from the Regional Director of the National Labor
Relations Board of such non-compliance without remedy by the Charged Party, the Regional
Director will reissue the complaint previously issued on October 3, 2024, in the instant case.
Thereafter, the General Counsel may file a motion for default judgment with the Board on the
1
Charged Party, through counsel, will provide Charging Party with notice of these revisions.
Charged Party Initials: MLS
_____________ Charging Party Initials: _________________
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 155 of 217
allegations of the complaint. The Charged Party understands and agrees that the allegations of
the aforementioned complaint will be deemed admitted and its Answer to such complaint will be
considered withdrawn. The only issue that may be raised before the Board is whether the
Charged Party defaulted on the terms of this Settlement Agreement. The Board may then,
without necessity of trial or any other proceeding, find all allegations of the complaint to be true
and make findings of fact and conclusions of law consistent with those allegations adverse to the
Charged Party on all issues raised by the pleadings. The Board may then issue an order providing
a full remedy for the violations found as is appropriate to remedy such violations. The parties
further agree that a U.S. Court of Appeals Judgment may be entered enforcing the Board order
ex parte, after service or attempted service upon Charged Party/Respondent at the last address
provided to the General Counsel.
NOTIFICATION OF COMPLIANCE — Each party to this Agreement will notify the
Regional Director in writing what steps the Charged Party has taken to comply with the
Agreement. This notification shall be given within 5 days, and again after 60 days, from the date
of the approval of this Agreement. If the Charging Party does not enter into this Agreement,
initial notice shall be given within 5 days after notification from the Regional Director that the
Charging Party did not request review or that the General Counsel sustained the Regional
Director’s approval of this agreement. No further action shall be taken in the above captioned
case(s) provided that the Charged Party complies with the terms and conditions of this
Settlement Agreement and Notice.
Charged Party Apple Inc. Charging Party Ashley Marie Gjovik
By: Name and Title Date By: Name and Title Date
/s/ Mark L. Stolzenburg March 25, 2025
Print Name and Title below Print Name and Title below
Attorney for Apple Inc.
Recommended By: Date Approved By: Date
ELVIRA PEREDA NATHAN M. SEIDMAN
Counsel for the Acting General Acting Regional Director, Region 21
Counsel
MLS
Charged Party Initials: _____________ Charging Party Initials: _________________
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 156 of 217
(To be printed and posted on official Board notice form)
THE NATIONAL LABOR RELATIONS ACT GIVES YOU THE RIGHT TO:
Form, join, or assist a union;
Choose a representative to bargain with us on your behalf;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE WILL NOT interfere with, restrain, or coerce you in the exercise of the above rights.
YOU HAVE THE RIGHT to discuss wages, hours and working conditions and WE WILL
NOT do anything to interfere with your exercise of that right.
WE WILL NOT promulgate, maintain, or enforce any rule that defines confidential information
as “anything not explicitly, publicly, or purposefully disclosed by Apple.”
WE WILL NOT promulgate, maintain, or enforce a Confidentiality and Intellectual Property
Agreement, Business Conduct Policy, Misconduct and Discipline Policy, Social Media and
Online Communications Policy, Confidentiality Obligations Upon Termination of Employment
statement, or a Business Conduct and Global Compliance FAQ regarding confidential
information that broadly defines “confidential” or “proprietary” information, or relies upon any
other overly broad definitions of those terms, without contemporaneously notifying employees of
their rights to discuss wages, hours, or working conditions and their rights to engage in union or
other protected, concerted activity under the NLRA.
WE WILL NOT promulgate, maintain, or enforce a Business Conduct Policy that broadly
restricts public speaking, responses to press inquiries and publishing articles without
contemporaneously notifying employees of their rights to speak publicly, respond to press
inquiries and publish articles regarding their wages, hours, or working conditions, or their union
or other protected, concerted activity under the NLRA.
WE WILL NOT promulgate, maintain, or enforce a Business Conduct Policy that broadly
restricts “conflicts of interest” or “outside activities,” without contemporaneously notifying
employees that such policies do not restrict their right to form, join or assist a union, or engage in
other protected, concerted activity and that these activities are not considered to be conflicts of
interest or outside activities under such policy.
WE WILL NOT promulgate, maintain, or enforce a Business Conduct Policy that broadly
prohibits sharing of employee personal identifying information if such policy could be
interpreted as prohibiting the sharing of personal contact information, employment history,
compensation or other terms and conditions of employment.
WE WILL NOT promulgate, maintain, or enforce a Workplace Searches and Privacy Policy
that advises you that we have the right to access Apple’s network or systems, or any non-Apple
MLS
Charged Party Initials: _____________ Charging Party Initials: _________________
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 157 of 217
device used to conduct Apple business, without contemporaneously advising you that we will not
exercise our right of access to monitor your union or other protected, concerted activity.
WE WILL NOT promulgate, maintain, or enforce a Misconduct and Discipline Policy that fails
to reiterate employee rights during investigations that Apple may conduct regarding alleged
unfair labor practices under the National Labor Relations Act, and/or contains overly broad
restrictions on photography and recording.
WE WILL NOT advise you that you are subject to discipline for violating overly broad rules
regarding confidential or proprietary information or for failing to report alleged violations of
overly broad rules relating to confidential or proprietary information.
WE WILL NOT advise you that you are subject to discipline for violating overly broad rules
regarding photographing, video or audio recording that prohibit the recording of protected,
concerted activity.
WE HAVE clarified the aspects of the Confidentiality and Intellectual Property Agreement
described above and revised it to make clear that the definition of “Proprietary Information,”
which was changed to “Apple Confidential Information,” does not include wages, hours, and
working conditions, to reiterate employee rights about discussing terms and conditions of
employment and reporting to governmental agencies, and to make clear that prohibitions against
“conflicting outside interests” do not cover forming or joining (or refraining from joining) labor
organizations of an employee’s choice and WE HAVE informed employees of these
clarifications.
WE HAVE rescinded the aspects of Business Conduct and Global Compliance FAQ regarding
Confidential Information described above and revised it to conform with the definition of Apple
Confidential Information described above and WE HAVE informed employees of these
revisions.
WE HAVE rescinded the aspects of the Business Conduct Policy described above and revised it
to make clear that Apple Confidential Information does not include wages, hours, and working
conditions, that employees may communicate about labor disputes, to clarify that employees may
not respond to public inquiries or participate in speaking engagements where employees could be
construed as speaking on behalf of Apple, to clarify that employees may publish articles but must
receive approval about articles about Apple products or services or could be seen as a conflict of
interest, make clear that a conflict of interest does not include forming, joining, or assisting a
union, or engaging in protected, concerted activity, to make clear that employees do not need to
notify a manager of outside employment that complies with our policy, and to inform employees
that searches will not be used to monitor employees’ protected, concerted activity, and WE
HAVE informed employees of these revisions.
WE HAVE rescinded the aspects of the Workplace Searches and Privacy Policy described
above and revised it to conform with the definition of Apple Confidential Information described
above and to inform employees that searches will not be used to monitor employees’ protected,
concerted activity and WE HAVE informed employees of these revisions.
Charged Party Initials: MLS
_____________ Charging Party Initials: _________________
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 158 of 217
WE HAVE rescinded the aspects of the Misconduct and Discipline Policy described above and
revised it to conform with the definition of Apple Confidential Information described above, to
reiterate employee rights under the National Labor Relations Act relating to certain workplace
investigations relating to alleged unfair labor practices under the National Labor Relations Act,
to clarify when recording and photography is permitted and prohibited, and WE HAVE
informed employees of these revisions.
WE HAVE rescinded the aspects of the Social Media and Online Communications Policy
described above and revised it to conform with the definition of Apple Confidential Information
described above and WE HAVE informed employees of these revisions.
WE HAVE rescinded the prior version of the Confidentiality Obligations Upon Termination of
Employment statement, which contained an overbroad definition of proprietary information, and
revised it to conform with the definition of Apple Confidential Information described above and
WE HAVE informed employees of these revisions.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of the
Act.
APPLE INC.
(Charged Party)
Dated: By:
(Representative) (Title)
The National Labor Relations Board is an independent Federal agency created in 1935 to
enforce the National Labor Relations Act. We conduct secret-ballot elections to determine
whether employees want union representation and we investigate and remedy unfair labor
practices by employers and unions. To find out more about your rights under the Act and how to
file a charge or election petition, you may speak confidentially to any agent with the Board’s
Regional Office set forth below or you may call the Board's toll-free number 1-844-762-NLRB
(1-844-762-6572). Callers who are deaf or hard of hearing who wish to speak to an NLRB
representative should send an email to relay.service@nlrb.gov. An NLRB representative will
email the requestor with instructions on how to schedule a relay service call.
US Court House, Spring Street Telephone: (213)894-5200
312 N Spring Street, 10th Floor Hours of Operation: 8:30 a.m. to 5 p.m.
Los Angeles, CA 90012
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This notice must remain posted for 60 consecutive days from the date of posting and must not be altered,
defaced or covered by any other material. Any questions concerning this notice or compliance with its
provisions may be directed to the above Regional Office's Compliance Officer.
MLS
Charged Party Initials: _____________ Charging Party Initials: _________________
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 159 of 217
O. EXHIBIT O: NIH
Exhibit: OHRP Complaint No. 00709517
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 23
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 160 of 217
Reporting an Incident to OHRP: Trial ID NCT04196595 (Apple Women's
Health Study)
From Ashley Gjovik <ashleymgjovik@protonmail.com>
To OHRP-DCO@hhs.gov
CC AppleWomensHealthStudy@hsph.harvard.edu, jukica@niehs.nih.gov, baird@niehs.nih.gov
Date Wednesday, March 11th, 2026 at 2:05 AM
OHRP Incident Report
Incident Type: Serious Non-Compliance / Unanticipated Problem Involving Risks to Subjects
Regulatory Framework: 45 CFR Part 46 (Common Rule); 42 U.S.C. § 282(j)
Reported by: Ex-employee of Sponsor / Responsible Party
Study Title: Apple Women's Health Study
Trial ID: NCT04196595
Principal Investigator / Conducting Institution: Harvard T.H. Chan School of Public Health
Sponsor / Responsible Party: Apple Inc.
Additional Federal Partner: National Institute of Environmental Health Sciences (NIEHS)
Trial Registration Date: 2019 (ongoing as of 2026)
Stated Study Goals: (1) Identify Menstrual Cycle Patterns; (2) Epidemiologic Description of Menstrual Cycle; (3)
Determine prevalence of gynecologic health conditions
Hello,
This complaint concerns the Apple Women's Health Study (AWHS), a clinical trial registered on ClinicalTrials.gov
(NCT04196595 (https://clinicaltrials.gov/study/NCT04196595)) since 2019 and currently ongoing. The trial is
sponsored by Apple Inc. and conducted by Harvard T.H. Chan School of Public Health, in partnership with NIEHS as
part of what has been described as a major long-term study of women's health. Medscape reported the study in 2023
as "a 10-year project among Harvard, Apple, and the National Institute of Environmental Health Sciences (NIEHS)
that is unprecedented in size and scope." (Medscape, 2023 (https://www.medscape.com/s/viewarticle/996078?
form=fpf)) The subject matter involves collection of highly sensitive and intimate reproductive health data, specifically
related to ovulation and menstruation. The ClinicalTrials page lists the top study goals as "Identify Menstrual Cycle
Patterns" and "Epidemiologic Description of Menstrual Cycle" with a secondary goal of "Determine prevalence of
gynecologic health conditions."
The subject matter of the trial involves ovulation and menstruation — intimate reproductive health data of a highly
personal nature. The corporate sponsor has actively recruited its own employees as research subjects to increase
enrollment numbers since at least 2019. This practice creates a structural and inescapable conflict of interest:
employees being asked to participate by or through their employer (who is simultaneously the trial's sponsor) face an
inherent power imbalance in which declining to participate may reasonably be perceived as carrying professional
consequences. The team's own reports indicate that as of 2023, when the overall participation was around one
hundred thousand, that only two states provided more than ten thousand participants -- California and Texas -- where
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 161 of 217
the corporation's headquarters are located. In fact, California is the only state indicated to be well above ten thousand
indicating it may even account for over 80% of the participants -- with a large amount originating from its corporate
offices or the family members of its corporate employees. (Overall participant enrollment by state,
https://hsph.harvard.edu/research/apple-womens-health-study/study-updates/2023-apple-womens-health-study-
newsletter-four-years-in-review/).
Overall, the team's conduct raises serious compliance concerns under:
45 CFR 46.116(b)(2): Informed consent must be free from coercion or undue influence. Employer-to-employee
recruitment by the sponsoring corporation constitutes a paradigmatic example of undue influence, as
employees cannot freely decline without fear of workplace consequences.
45 CFR 46.111(a)(3) and 46.111(b): The IRB is required to ensure equitable subject selection and to apply
additional protections when subjects are vulnerable to coercion. Employees of a trial's corporate sponsor
constitute a vulnerable population in precisely the sense these provisions are designed to address. The IRB
either approved this recruitment pathway without adequate safeguards, or the recruitment occurred without
IRB knowledge — both of which are reportable failures.
This study/trial has been registered and operating since 2019. The recruitment of employees by the corporate
sponsor appears to be a sustained and ongoing recruitment strategy, not an isolated incident. This constitutes
continuing non-compliance within the meaning of 45 CFR Part 46. The IRB's apparent failure to identify or correct this
practice over a multi-year period is itself a significant matter of concern warranting investigation.
This complaint concerns Apple Inc.'s response to a non-enrolled individual — a former Apple employee who declined
enrollment and subsequently spoke publicly about the coercive nature of the study's recruitment practices and raised
questions about the integrity of the trial's enrollment and consent process. In response, Apple Inc. has pursued legal
action in federal court against that individual. In the matter of Ashley Gjovik v. Apple Inc., Case No. 3:23-cv-04597-
EMC (N.D. Cal.), Apple has taken the position that the employee's testimony, speech, and complaints about the
corporation's recruitment practices are confidential, and has sought sealing orders, compelled deletion of public
criticism, prior restraint gag orders, and sanctions against the individual for filing complaints with government
agencies and speaking publicly about concerns that Apple's recruitment of employees into a highly personal medical
study is unethical, improper, and likely unlawful and that Apple was trying to designate her complaints as
"confidential". (See Ashley Gjovik v Apple Inc, 3:23-cv-04597-EMC, Northern District of California,
https://www.courtlistener.com/docket/67772913/gjovik-v-apple-inc/?
filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc).
The specific nature of the data at issue warrants particular attention. Apple's own litigation filings reveal that the
study's scope as implemented includes monitoring of employee cervical mucus and vaginal secretions, and at the
same time Apple also sought to register employees' sex partners and require those sex partners to execute non-
disclosure agreements for a separate "study". I complained about both of these things -- while I worked at Apple and
after. My deposition testimony at issue was simply summarizing my prior complaints about Apple's recruitment
practices for this and other studies. Apple then further claimed in that litigation that employee complaints about being
asked to submit to this type of study and monitoring are themselves confidential like trade secrets, and is currently
seeking a gag order prohibiting employees from discussing any of it. The IRB's privacy assessment under 45 CFR
46.111(a)(7) must be evaluated against this specific reality — not merely the abstract description of a menstrual
health study, but an employer asserting proprietary control over employees' reproductive and sexual data, the
identities of their sexual partners, and the complaints those employees made about being subjected to it.
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 162 of 217
In making this complaint to you right now and when I attach a copy in my court filings for this matter, Apple will claim
the content in this email is confidential and proprietary, should be sealed, and I should be sanctioned for continuing to
violate court "rules" (where the corporation is abusing a protective order to apply to existing complaints and to use as
a private prior restraint against employees and critics about its operations). This secrecy includes, and is targeted to
conceal, how Apple runs recruitment for clinical trials including ones that are done as a formal partnership with the
government (like here, with NIEHS). An employer recruiting its own employees to disclose intimate reproductive
health information as research subjects raises acute privacy concerns that the IRB was required to specifically
address under 45 CFR 46.111(a)(7) (The IRB must ensure adequate provisions to protect the privacy of subjects and
to maintain the confidentiality of data). When the entity collecting this data is also the subject's employer, the
adequacy of any privacy protections is inherently compromised. Employees have reasonable cause to fear that
reproductive health information disclosed in a sponsor-controlled study may not remain segregated from their
employment relationship.
Apple's position, as stated in that litigation including attached filings, is that it is impermissible for the complainant to
raise these concerns publicly, to communicate them to third parties, or to submit this very complaint to OHRP. Apple
appears to be mis-using a legal processes as a private prior restraint mechanism against employees and critics
discussing how the corporation operates clinical trials conducted in formal partnership with the federal government.
This raises a question about how often Apple engages in this kind of conduct and how else it's obstructed complaints
about this study.
Further, Apple's conduct implicates a number of issues in the clinical trial and human research regulatory framework:
42 U.S.C. § 282(j): Clinical trial registration exists precisely because human subjects research is subject to
public accountability. Apple Inc. cannot simultaneously hold a registered trial out as a public research
enterprise — particularly one conducted in federal partnership with NIEHS — and seek court orders
suppressing public speech about how that trial recruits its subjects.
45 CFR 46.116(b)(8): Informed consent must identify whom subjects may contact with questions or concerns
about the research and their rights. This provision reflects the regulatory framework's treatment of the ability to
raise concerns as an intrinsic right — not a privilege the sponsor may litigate away through injunctive relief.
Chilling Effect on Current and Future Subjects: By pursuing legal action against a person who declined to
enroll and raised compliance concerns, Apple has sent a direct signal to every current and potential subject
that raising concerns about this trial carries severe legal consequences. This compounds the coercive
environment described above and further undermines the voluntariness of any consent obtained from
employees in this environment.
Sponsor's Posture Toward Compliance: The decision to pursue legal suppression of scrutiny — rather than
address the underlying recruitment concerns — is directly relevant to OHRP's assessment of whether Apple
Inc. can be trusted to operate a compliant human subjects research program. It reflects an institutional posture
that treats public accountability as a threat to be neutralized rather than an obligation to be met.
The complainant respectfully requests that OHRP:
Investigate the IRB's review and approval of the employee recruitment pathway, and assess whether adequate
protections against undue influence were required and implemented.
Assess whether consent processes conducted under this coercive recruitment environment meet the
voluntariness requirements of 45 CFR 46.116.
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 163 of 217
Determine how many participants in the total participants for this study are Apple employees or direct family
members of Apple employees, and determine what % of the total population of the study makes the study
population impermissibly dominant with employees.
Evaluate whether the IRB's privacy provisions under 45 CFR 46.111(a)(7) adequately address the risks created
by a corporate employer-sponsor collecting reproductive health data from its own employees.
Consider Apple Inc.'s litigation conduct in Gjovik v. Apple Inc., No. 3:23-cv-04597-EMC (N.D. Cal.), as
evidence bearing on the sponsor's compliance posture and the integrity of the trial's ongoing operations.
Inquire whether other complaints or concerns about this study have been similarly suppressed by Apple
through any type of conduct, including litigation "protective orders"
Determine whether suspension or additional oversight of the trial is warranted pending investigation.
The following documents are submitted in support of this complaint or are available upon request:
ClinicalTrials.gov registration record (https://clinicaltrials.gov/study/NCT04196595)
Documentation of legal action and threatened speech restraints and other injunctive relief against complainant
(Ashley Gjovik v Apple Inc, 3:23-cv-04597-EMC, Northern District of California)
AWHS 2023 Four Years in Review Newsletter (participant enrollment by state): HSPH.edu
(https://hsph.harvard.edu/research/apple-womens-health-study/study-updates/2023-apple-womens-health-
study-newsletter-four-years-in-review/)
Medscape coverage of AWHS scope: Medscape, 2023 (https://www.medscape.com/s/viewarticle/996078?
form=fpf)
March 14 2023 Telerama magazine article (translated from French to English) where I and my coworkers
criticized Apple's use of employee data for this specific study.
Note: I contacted the Study's contact list at Harvard (cc'd here) on March 8th, asking for a response on these matters
but received no response by March 10th. I told them if I didn't receive a response I'd file by end of day, and no
response was provided so now I'm filing that complaint.
This complaint is submitted in good faith based on direct knowledge of the events described. The complainant is
aware that Apple Inc. may contend that the submission of this complaint itself violates litigation-related orders or
confidentiality designations. The complainant submits that the filing of a good-faith regulatory complaint with a federal
oversight body is protected activity and that any such contention by Apple would itself constitute further evidence of
the sponsor's attempt to suppress oversight of a federally registered human subjects research study. The
complainant understands that OHRP may contact the submitter for additional information.
Ashley Gjovik, B.S., PMP, J.D.
Dated: March 11 2026
San Jose, California
Ex-Apple Employee (2015-2021)
18.56 MB 5 files attached
APPLE WOMENS HEALTH STUDY LITIGATION PORTFOLIO.pdf 17.16 MB
Study Details _ NCT04196595 _ Apple Women's Health Study _ ClinicalTrials.gov.pdf 638.43 KB
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 164 of 217
NIH partners with Apple and Harvard University on Women’s Health Study _ National Institutes of Health (NIH).pdf
153.50 KB
Locations 2023 Apple Women’s Health Study newsletter_ four years in review _ Study Updates _ Harvard T.H…th.pdf
209.68 KB
Ashley Gjøvik, lanceuse d’alerte licenciée par Apple, seule contre tous - en-US.pdf 436.57 KB
3/11/26, 1:26 AM Case 2023 Apple
3:23-cv-04597-EMC Document
Women’s Health Study 307-1
newsletter: four Filed
years in review 03/13/26
| Study Page
Updates | Harvard T.H.165
Chan of 217of Public Health
School
explore demographic disparities in menstrual health research.
Geographic diversity across the United States and its territories
allows for investigating the impact of environmental factors on a
person’s menstrual cycles and health. Participant experiences reflect
the wide range of geographic, cultural, social, and economic factors
that may help AWHS better understand menstrual health.
The map shows how many participants in AWHS enrolled from the US States. The darker the
color, the higher the number as shown on the scale. The relative color difference also shows
what percentage of our total cohort comes from each state, so darker colored states
contribute a higher percentage of the cohort. CA, FL, and TX are so high in percentage since
their populations also comprise a similar percentage of the overall US population.
While each menstrual journey is unique, many often share similar
experiences throughout such as menstrual symptoms and menstrual
hygiene.
Search Harvard Chan
https://hsph.harvard.edu/research/apple-womens-health-study/study-updates/2023-apple-womens-health-study-newsletter-four-years-in-review/ 6/19
3/11/26, 1:25 AM Case 3:23-cv-04597-EMC
NIH Document
partners with Apple and 307-1on Women’s
Harvard University Filed Health
03/13/26 Page
Study | National 166 ofofHealth
Institutes 217(NIH)
Tuesday, September 10, 2019
NIH partners with Apple and Harvard
University on Women’s Health Study
The National Institutes of Health, Apple, and the Harvard T. H. Chan School of Public Health announced their research
partnership for a major long-term study of women’s health. The collaboration will permit researchers to study conditions
including pregnancy, infertility, polycystic ovary syndrome (PCOS), menopausal transition, and osteoporosis. Apple’s new
Research App will help users participate in the study and will be a free download in the App Store later this year.
The intention is to improve women’s health by identifying the factors that impact women from around the country. This
new study will connect academic medical institutions, healthcare organizations, and Apple products with the goal of
contributing to medical science and helping to create the next generation of innovative health software.
The National Institute of Environmental Health Sciences (NIEHS), the NIH institute involved in the partnership, has several
of the world’s leading scientists on women’s health and population studies. NIEHS will provide expert advice and data
analysis for the Apple Women’s Health Study.
"This is an exciting opportunity for NIEHS researchers to contribute to the study design and use the resulting data to
answer novel questions, not only important to women of reproductive age, but to women of all ages," said Dale Sandler,
Ph.D., chief of the NIEHS Epidemiology Branch.
Allen Wilcox, M.D., Ph.D., Scientist Emeritus at NIEHS, has spent 40 years studying fertility and pregnancy, and welcomes
this opportunity to work with Apple and colleagues at Harvard. He is optimistic about the medical advances that could
come from this collaboration.
"Studies conducted with commercial cycle and fertility tracking apps have great potential for making important
contributions to science, because they can enroll much larger samples of women and from far more diverse
backgrounds," added Wilcox. "We want to do our part to make this new method of data collection a scientifically valid
source of health information."
About the National Institute of Environmental Health Sciences (NIEHS): NIEHS supports research to understand the
effects of the environment on human health and is part of the National Institutes of Health. For more information on
NIEHS or environmental health topics, visit www.niehs.nih.gov or subscribe to a news list.
About the National Institutes of Health (NIH): NIH, the nation's medical research agency, includes 27 Institutes and
Centers and is a component of the U.S. Department of Health and Human Services. NIH is the primary federal agency
conducting and supporting basic, clinical, and translational medical research, and is investigating the causes, treatments,
and cures for both common and rare diseases. For more information about NIH and its programs, visit www.nih.gov.
https://www.nih.gov/news-events/news-releases/nih-partners-apple-harvard-university-womens-health-study 1/2
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NIH Document
partners with Apple and 307-1on Women’s
Harvard University Filed Health
03/13/26 Page
Study | National 167 ofofHealth
Institutes 217(NIH)
NIH…Turning Discovery Into Health®
Institute/Center
National Institute of Environmental Health Sciences (NIEHS)
Contact
Robin Arnette
919-541-5143
Connect with Us
Subscribe to news releases
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National Institutes of Health
9000 Rockville Pike
Bethesda, Maryland 20892
NIH…Turning Discovery Into Health®
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3/11/26, 1:25 AM Case 3:23-cv-04597-EMC Document
Study Details | 307-1
NCT04196595 | Apple Filed 03/13/26
Women's Health Study | Page 168 of 217
ClinicalTrials.gov
The U.S. government does not review or approve the safety and science of all studies
listed on this website.
Read our full disclaimer (https://clinicaltrials.gov/about-site/disclaimer) for details.
Recruiting
Apple Women's Health Study
ClinicalTrials.gov ID NCT04196595
Sponsor Apple Inc.
Information provided by Apple Inc. (Responsible Party)
Last Update Posted 2024-07-03
Study Details Tab
Study Overview
Brief Summary
This is an observational longitudinal study to advance the understanding of menstrual cycle and
gynecologic health conditions including PCOS, infertility and breast cancer.The study will be hosted
within the Research app(available on App Store), which allows a user to find, enroll, and participate in
Apple-supported health-related research studies.
Official Title
Apple Women's Health Study
https://clinicaltrials.gov/study/NCT04196595 1/8
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Study Details | 307-1
NCT04196595 | Apple Filed 03/13/26
Women's Health Study | Page 169 of 217
ClinicalTrials.gov
Conditions
Menstrual Cycle Ovulation Menstruation Polycystic Ovary Syndrome Infertility
Menopause Reproduction Reproductive Health
Other Study ID Numbers
Pro00037562
Study Start (Actual)
2019-11-14
Primary Completion (Estimated)
2029-11
Study Completion (Estimated)
2029-11
Enrollment (Estimated)
500000
Study Type
Observational
Resource links provided by the National Library of Medicine
MedlinePlus Genetics (https://medlineplus.gov/genetics/) related topics: Polycystic ovary
syndrome (https://medlineplus.gov/genetics/condition/polycystic-ovary-syndrome)
MedlinePlus (https://medlineplus.gov/) related topics:
Infertility (https://medlineplus.gov/infertility.html) Polycystic Ovary
Syndrome (https://medlineplus.gov/polycysticovarysyndrome.html)
FDA Drug and Device Resources (https://clinicaltrials.gov/fda-links)
Contacts and Locations
https://clinicaltrials.gov/study/NCT04196595 2/8
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NCT04196595 | Apple Filed 03/13/26
Women's Health Study | Page 170 of 217
ClinicalTrials.gov
This section provides contact details for people who can answer questions about joining this study, and
information on where this study is taking place.
To learn more, please see the Contacts and Locations section in How to Read a Study
Record (https://clinicaltrials.gov/study-basics/how-to-read-study-record#contacts-and-locations).
Study Contact
Name: Shruthi Mahalingaiah, MD
Phone Number: 617-432-1356
Email: AppleWomensHealthStudy@hsph.harvard.edu
This study has 1 location
United States
Massachusetts Locations
Boston, Massachusetts, United States, 02115
Recruiting
Harvard T.H. Chan School of Public Health
Contact : Shruthi Mahalingaiah
617-432-1356
AppleWomensHealthStudy@hsph.ha
rvard.edu
Participation Criteria
Researchers look for people who fit a certain description, called eligibility criteria. Some examples of
these criteria are a person's general health condition or prior treatments.
For general information about clinical research, read Learn About
Studies (https://clinicaltrials.gov/study-basics/learn-about-studies).
https://clinicaltrials.gov/study/NCT04196595 3/8
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NCT04196595 | Apple Filed 03/13/26
Women's Health Study | Page 171 of 217
ClinicalTrials.gov
Eligibility Criteria
Description
Inclusion Criteria:
Have menstruated at least once
Be at least 18 years old (at least 19 years old in Alabama and Nebraska, at least 21 years
old in Puerto Rico)
Live in the United States of America
Be comfortable communicating in written and spoken English
Have installed the Apple Research app on your iPhone
Not share your iCloud account or iPhone with anyone else
Be willing and able to provide informed consent to participate in the study
Study Population
Convenience sampling of individuals who have ever menstruated and meet other eligibility criteria
Ages Eligible for Study
18 Years and older (Adult, Older Adult )
Sexes Eligible for Study
All
Accepts Healthy Volunteers
Yes
Sampling Method
Non-Probability Sample
Study Plan
This section provides details of the study plan, including how the study is designed and what the study
is measuring.
How is the study designed?
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NCT04196595 | Apple Filed 03/13/26
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ClinicalTrials.gov
Design Details
Observational Model : Cohort
Time Perspective: Prospective
What is the study measuring?
Primary Outcome Measures
Outcome Time
Measure Description
Measure Frame
Identify Characterized using duration of menstrual flow, Up to
Menstrual and cycle length in unit of days. 10
Cycle Patterns years
Epidemiologic Characterized using cycle patterns and self- Up to
Description of reported demographics, no unit of measure 10
Menstrual years
Cycle
Secondary Outcome Measures
Outcome Time
Measure Description
Measure Frame
Determine Characterized using menstrual cycle patterns Up to
prevalence of and self-reported health conditions, no unit of 10
gynecologic measure years
health
conditions
Collaborators and Investigators
https://clinicaltrials.gov/study/NCT04196595 5/8
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Women's Health Study | Page 173 of 217
ClinicalTrials.gov
This is where you will find people and organizations involved with this study.
Sponsor
Apple Inc.
Collaborators
Harvard School of Public Health (HSPH)
National Institute of Environmental Health Sciences (NIEHS)
Investigators
Principal Investigator: Michelle A Williams, SM, ScD, Harvard School of Public Health (HSPH)
Principal Investigator: Russ B Hauser, MD, MPH, ScD, Harvard School of Public Health (HSPH)
Principal Investigator: Brent A Coull, PhD, Harvard School of Public Health (HSPH)
Principal Investigator: Shruthi Mahalingaiah, MD, MS, Harvard School of Public Health (HSPH)
Publications
From PubMed
These publications are automatically filled in from PubMed, a public database of scientific and medical
articles, and may or may not be about the study.
Zhang CY, Li H, Zhang S, Suharwardy S, Chaturvedi U, Fischer-Colbrie T, Maratta LA, Onnela JP,
Coull BA, Hauser R, Williams MA, Baird DD, Jukic AMZ, Mahalingaiah S, Curry CL. Abnormal
uterine bleeding patterns determined through menstrual tracking among participants in the Apple
Women's Health Study. Am J Obstet Gynecol. 2023 Feb;228(2):213.e1-213.e22. doi:
10.1016/j.ajog.2022.10.029. Epub 2022 Oct 29. (https://pubmed.ncbi.nlm.nih.gov/36414993)
Study Record Dates
These dates track the progress of study record and summary results submissions to ClinicalTrials.gov.
Study records and reported results are reviewed by the National Library of Medicine (NLM) to make sure
they meet specific quality control standards before being posted on the public website.
Study Registration Dates
https://clinicaltrials.gov/study/NCT04196595 6/8
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NCT04196595 | Apple Filed 03/13/26
Women's Health Study | Page 174 of 217
ClinicalTrials.gov
First Submitted
2019-11-13
First Submitted that Met QC Criteria
2019-12-10
First Posted
2019-12-12
Study Record Updates
Last Update Submitted that Met QC Criteria
2024-07-01
Last Update Posted
2024-07-03
Last Verified
2024-07
More Information
Terms related to this study
Keywords Provided by Apple Inc.
Menstruation
Menstrual Cycle
Ovulation
Polycystic Ovary Syndrome
Infertility
Menopause
Reproduction
Reproductive Health
Additional Relevant MeSH Terms
Ovarian Cysts
Cysts
Neoplasms
Ovarian Diseases
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NCT04196595 | Apple Filed 03/13/26
Women's Health Study | Page 175 of 217
ClinicalTrials.gov
Adnexal Diseases
Genital Diseases, Female
Female Urogenital Diseases
Female Urogenital Diseases and Pregnancy Complications
Urogenital Diseases
Genital Diseases
Gonadal Disorders
Endocrine System Diseases
Polycystic Ovary Syndrome
Infertility
Plan for Individual Participant Data (IPD)
Plan to Share Individual Participant Data (IPD)?
Undecided
Drug and device information, study documents, and helpful links
Studies a U.S. FDA-Regulated Drug Product
No
Studies a U.S. FDA-Regulated Device Product
No
https://clinicaltrials.gov/study/NCT04196595 8/8
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 176 of 217
P. EXHIBIT P: FTC Report
Exhibit: FTC (Report Number: 154835129)
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 24
(30 of 414), Page 30 of 414 Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 30 of 414
4/11/22, 1:24 PM Case 3:23-cv-04597-EMC Document
(325) All mail |307-1 Filed 03/13/26
ashleymgjovik@protonmail.com Page 177 of 217
| ProtonMail
Complaint against Apple Inc
From: Ashley Gjovik <ashleymgjovik@protonmail.com>
To opa@ftc.gov
Date: Friday, April 1st, 2022 at 11:39 PM
April 2nd, 2022
To Whom it May Concern,
This is a complaint against Apple Inc for unlawful data collection & invasion of employee privacy that spans years and
multiple countries/continents, violating numerous laws and international agreements. While this complaint focuses on
the rights of Apple’s employees, the implications of Apple’s violations for broader society should be self-evident.
I worked for Apple as a Senior Engineering Program Manager from February 2015 until my termination on September
9 2021, along with a Legal & Policy Internship working in Apple Products Legal in 2019. In August 2021, I expressed
public concerns about Apple’s overly restrictive/invasive employee polices, and Apple pressuring its employees to
participate in invasive data collection procedures, including scans of ears/ear canals (which I believed captured
employee data that could be used for biometric identification and mass surveillance). I also raised concerns about an
iOS application (Gobbler/Glimmer) on employee’s iPhones that automatically took photos/videos whenever it “thought
it saw a face.” I raised concerns about Apple’s unlawfully invasive “Search and Privacy Policy” for employees,
Apple’s limitless access to employee’s personal iCloud/Apple-server-based data, and Apple’s culture of intimidation
and secrecy (including a secret/private police force).
Apple terminated me on September 9 2021 for reasons unknown to me at that time but assumed by myself and the
press to be retaliation for my protected activities (I had filed labor and retaliation charges with the U.S. government
only weeks earlier). Apple reached out to me via external lawyers a week after I was fired, to complain about several
Twitter posts I made. Suggesting these posts were reason for my termination, was so farfetched & pretextual a
detailed article was written about it, titled “Apple Wanted Her Fired. It Settled on an Absurd Excuse.”
This year, Apple offered their explanation for my termination to the U.S Department of Labor (in response to my
allegations of federal whistleblower retaliation in violation of SOX, CERCLA, and OSHA statutes). Apple doubled
down on the "absurd excuse" & cited my opposition to their harvesting of employee biometrics and their secret,
invasive photography of employees - as a legitimate justification for my termination. I am now even more concerned
knowing Apple felt comfortable telling the U.S. government that they believe their unlawful invasion of employee
privacy is “legitimate” and any employees who protest privacy invasions deserve to be terminated, as I was. Thus, I
write to you today.
Please see attached legal memo for details.*
Thank you.
Respectfully,
-Ashley M. Gjovik
*Note: this complaint will also be submitted to the other government agencies, international bodies, and NGOs noted
on page two.
—
Ashley M. Gjøvik, J.D. Candidate, B.S., PMP
ashleygjovik.com | +1`415-964-6272
Sent with ProtonMail secure email.
https://mail.protonmail.com/u/0/all-mail/Uko3UYE4R1sUCzh-PFNAyGc86cXa-WYR-oMuZbDq0TqCvp9XohjcKQ_wfS5skGCXBOrOxIlSOFZz_6LCXqM4LA==… 1/2
(31 of 414), Page 31 of 414 Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 31 of 414
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(325) All mail |307-1 Filed 03/13/26
ashleymgjovik@protonmail.com Page 178 of 217
| ProtonMail
2.46 MB 1 file attached
Gjovik v Apple - Privacy Complaint - Final.pdf 2.46 MB
https://mail.protonmail.com/u/0/all-mail/Uko3UYE4R1sUCzh-PFNAyGc86cXa-WYR-oMuZbDq0TqCvp9XohjcKQ_wfS5skGCXBOrOxIlSOFZz_6LCXqM4LA==… 2/2
(33 of 414), Page 33 of 414 Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 33 of 414
12/30/22, 5:12 PMCase 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 179 of 217
Complaint has been submitted
From no-reply@consumersentinel.gov <no-reply@consumersentinel.gov>
To Ashley Gjovik<ashleymgjovik@protonmail.com>
Date Friday, December 30th, 2022 at 2:32 PMFriday, December 30th, 2022 at 2:32 PM
Your report has been submitted to the Federal Trade Commission.
Report Number: 154835129
Thank you for helping our work to protect consumers.
Learn about common scams and how to recover from them at ftc.gov/scams.
To file a report online, go to ReportFraud.ftc.gov.
FTC Next Steps
We use reports to investigate and bring cases against fraud, scams, and bad business practices, but we can't resolve reports on behalf of individuals.
We will share your report with our law enforcement partners.
We use reports to spot trends, educate the public, and provide data about what is happening in your community. You can check out what is going on in your state or metro area by
visiting ftc.gov/exploredata.
When we bring cases, we try to get money back for people. Check out ftc.gov/refunds to see recent FTC cases that resulted in refunds.
Additional Information
How to Avoid a Scam
1/1
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 180 of 217
Q. EXHIBIT Q: Germany & France
Complaints to German and French Privacy Authorities
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 25
(99 of 414), Page 99 of 414Case:
Case 25-2028, 05/20/2025,
3:23-cv-04597-EMC DktEntry:Filed
Document 307-1 27.6, Page 99 ofPage
03/13/26 414 181 of 217
Federal Commissioner
for Data Protection and
Preedom of Info rmalion
POS IAL AOORE5S The FC'de,a, Co-nmis!.ione, for Datd Pr otection and F·erdom of lnfor'f!Jtion sr•w ADOP,s, Graurheindorfer StraBe 153, 53117 Bonn,
PO box 1461:1, 531)04 Bon,,, Gt-rm any
Germ;i ny
Ms eao" +49 (0)228 997799-1117
Ash ley M. Gjovik ~ "'"'' Referat1l@bfdi.bund.de
PFRSONIN CHARGE Frau Wollnik
Only as e-mail: 1tmR,m www bfd1.bvnd.de
ashleymgjovik@protonmail.com ""'' Bonn, 23.06.2022
FIi <NU'•Blk 11 540 11#3693
Please alw;ays indicate the above file•nu mber in all
replies.
susJrcr Your e-mail from 14. June 2022
Dear Ms Gjovik,
Unfortunately, I have to inform you that we have handed over your submission to the re-
sponsible state data protection authority in Bavaria.
You can reach our colleagues as follows:
Bayerische Landesamt fur Datneshcutzaufsicht
Promenade 18
91522 Ansbach
Telefon: 0981/ 180093-0
E-Mail: poststelle@lda.bayern.de
Homepage: https://www.lda.bayern.de
Best regards,
By order
Wollnik
54464/2022 DELIV~ 1-1•.- AODRF'SS Gr-' urhf>1ndor 1 er Str;ir\,, 1.S3, 5311 7 Ronn, Ge, many
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From: Ashley Gjovik -::us11!eymgjovik@)protonm,1il com>
-o postste11e@bfdi.bund.de< 0 0 STS1 e_LE@b'dili und.de> Ashle y M. Gjovik, J .D. Candidat~. B.S., PMP
,,sf1leyu;ov1k com I hltps tninklr ee/ashleyg1ov1k • I '415 964 6272 (Signal)
Date: Tuesday. June 14th, 2022 at 9:45 At✓
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 182 of 217
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(90 of 414), Page 90 of 414
Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 90 of 414
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 183 of 217
CNIL .
COMMISSION NATIONALE
INFORMATIQUE & LIBERTES
Madame Ashley ASHLEYGJOVIK
I 050 BENTON ST, 23 10
950 50 - SANTA C LA RA , ETATS-UN IS
Lettre recommandee avec AR
8 °AR :P.w6o 7..5&' toJ 3 ELI
Instructio n du dossier : Paris, le O9 JUIN 2022
Sophie GEN VRESSE
N/ Ref : M LD/SGE/ PZN/CLP 22 I 047
Saisine n°22006530
(a rappeler dans toute correspondance)
Madame,
Yous avez saisi la Commission nationale de l'infonnatique et des libertes (CNIL) d ' une pla inte a
J"e ncontre de la soc iete APPLE, concernant la collecte illicite de donnees personne lles et l'atteinte a la vie
privee de ses salaries « dans de nomhreux pays ».
En premier lieu. vous indiquez qu"APPLE impose (' installation et !"activation d" une appl ication
nommee «Gobbler » ou «Glimmer» sur le telephone professionnel de ses salaries et collecte, par ce biais,
des do nnees "d'empreinte faciale" de chacu n ct ·entre-eux, empreintes constituees a partir de photos et
videos prises a leur insu. Ce traitement viserait a ameliorer Ia fonctionnalite « Face ID ».
A cet egard, Jes elements po1t es a notre connaissance ne nous pe rmettent pas d'etablir que le
Reglement General sur le Protection des Donnees (RG PD) tro uverait a s·appliquer a u tra itement de
donnees en cause.
En etfet, j e vous rappelle que !"article 3 du RGPD dispose que :
« 1. Le present reglement s'applique au traitement des donnees a caractere p ersonnel effectue dans le
cadre des activires d'un etablissement d 'un responsable du traitemenf ou d'un svus-traitant sur le territoire
de /'Union, que le traitement air lieu ou non dons /'Union.
2. Le present reglement s'applique au traiteme111 des donnees c, caractere p ersonnel relatives d des
personnes concernees qui se trouvent sur le terrilVire de /'Union par 11n responsahle du traitement ou un
sous-traitant qui n 'e st pas etahli dans !'Union. lorsque !es activites de traitement sont liees:
a) a l'c?ffre de hiens ou de sen 1ices c, ces personnes concernees dans /'Union, qu'un paiement soit exige ou
non desdites personnes : 011
b) au suivi du comportetnent de ces p ersonnes, da11s la mesure vi, ii s 'agit d'un cvmportement qui a lieu au
sei11 de /'Union >>.
- - - - - - - - - - - - - - - REPUBLIQUE FRANc;AISE - - - - - - - - - - - - - - - -
3 Place de Fontenoy, TSA 80715 - 75334 PARIS CEDEX 07 - 01 53 73 22 22 - www.cnil.fr
a a
Les donnees personnel/es necessaires l'occomplissement des missions de la CNIL sonr traitees dons des fich1ers destines son usage exclusif
Les personnes concernees peuvenc exercer leurs droirs lnformatique et Liberces en s'adressont ou delegue a la protection des donnees (DPOJ de la CNIL
via un formulaire en hgne ou par courrier postal. Pour en savoir plus: www.cnll.fr/donnees-personnelles.
(91 of 414), Page 91 of 414
Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 91 of 414
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 184 of 217
Or, en 1·espece. le traitement sernble etre principalernent effectue a Cupertino (Etats-Unis), au
Canada ou en Israel. II est par ailleurs mentionne dans la documentation inteme d'Apple « qu'aucune
donnce de Glimmer ne doit etre rclcchargce en pmvenance de certaines regions ». plus precisement « En
France ni en Allemagne » (Page 11 sur 54). D'apres noire comprehension, dans l'hypothese oit
!'application serait installee sur les appareils professionnels de salaries d'Apple en France (element sur
lequcl nous nc disposons d"aucune information). Jes donnces collcctccs par !'application resteraient
stockees localemenl, sur les telephones professionnels des salaries.
En second lieu. vous nous indiquez qu· APPLE mettrait en ceuvre un autre dispositif biometrique.
Yous precisez en effet avoir re~u, depuis 2018. plusieurs emails d'APPLE vous invitant a participcr a une
etude dans laquelle des scans 3D haute resolution des oreilles des participants scraient realises. Aussi. vous
precisez que le brevet " AirPods " de l'organisme decril le dispositif comme un systeme pe1111ettant de
capturer de nombreuses donnees de sante sur les utilisateurs, notamrnent le rythme cardiaque, le volume
sanguin ou le rythme respiratoire des personnes concemees.
Concemant Jes donnees personnelles collectes dans le cadre du developpemcnt des « AirPods »,
votre reclamation se fonde uniquement sur le brevet depose par Apple et plusieurs articles de presse en
ligne, sans avancer d'autres preuves materielles permettant d'attester que de tels trailements seraient mis en
ceuvre sur le territoire europeen et/ou conccmcrait des personnes residant dans !'Union Europeenne.
Au regard de ce qui precede, Jes traitements de donnees a caractere personnel objets de votre
saisine n'apparaissent done pas relever du champ d'application territorial du RGPD.
Au demeurant. j'attire votre attention sur le fait quc, pour lcs traitements qui relevent du RGPD.
l'autorite competente pour en connaitrc est l'autorite de conlrole cheffe de file, c'est-a-dire l'autorite oi1 se
situe l'etablissement principal du rcsponsable de traitement. En l'occurrence. s·agissant d' Apple, ii
s·agirait de l'autorite irlandaise. Ainsi, ct sauf a ce que le traitement de donnees it caractere personnel en
cause ne soit pas transfrontalicr et soumis au mecanisme de cooperation prevu par le RGPD. la CNIL n'a
en principe pas competence pour controler Jes traitements mis en ceuvre par APPLE.
Nous prenons neanmoins bonne note des elements communiques et resterons attentifs a
d'eventuels complements ou evolution conduisant it considerer que de tels traitcments constituent une
violation de la reglementation fram;aise ou europcenne en matiere de protection des donnees.
Je vous prie d'agreer, Madame, !'expression de mes salutations distinguees.
Marie-Laure DENIS
Presidente
I Sous reserl'e de/ 'i11rerel pour al{ir--des rt!querants. !es decisions de-h, CNIL son/ sus~·eplibles de.faire/ 'ohjet'
' d'un recours demnt le Conseil d'Elal dam un delai de deux mois a comp/er de leur nori/ication.
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(93 of 414), Page 93 of 414
Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 93 of 414
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 186 of 217
CNIL.
COMMISSION NATIONALE
INFORMATIQUE W. LIBERTES
Ms Ashley ASHLEY GJOVIK
1050 BENTON ST, 2310
95050 - SANTA CLARA, UNITED STATES
Registel'ed lettel' with acknowledgement ofreceipt
1N°AR :RW60298 203 3 FR I
)
lnsmiction du dossier : Paris, le 09 June 2022
Sophie GENVRESSE
Ref. number: MLD/SGE/PZN/CLP221047
Referral n°22006530
(to be included in all correspondence)
Madam,
You have lodged a complaint with the French Data Protection Authority (Commission nationale de
l'info1matique et des libe1tes - CNIL) against APPLE, concerning the illicit collection of personal data and the
invasion of the p1ivacy of its employees« in many countries».
Firstly, you state that APPLE requires its employees to install and activate an application called
"Gobbler" or "Glimmer" on their work phones, thereby collecting "facial imprint" data from photos and videos
taken without their knowledge. The aim is to improve Face ID functionality.
In this respect, the elements brought to our attention do not allow us to establish that the General
Regulation on Data Protection (RGPD) would find application to the data processing in question.
Indeed, I remind you that Article 3 of the RGPD states that.
"1. This Regulation shall apply to the processing ofpersonal data carried out in the course of the activities
of a controller or ofa service provider within the territory of th.e Union, whether or not the processing takes
place within the Union.
2. The present regulation applies to the processing ofpersonal data relating to the persons concerned who are
on the territory of the Union by a processing re.open.battle or soas-truitunt which is not established in the
Union, where the processing activities are linked to - the processing of personal data relating to the persons
concerned who are on the territory of the Union by a processing re.open.battle or soas-tru.itunt which is not
established in the Union, where the processing activities are linked to - the processing ofpersonal data relating to the
persons concerned who are on the territory of the Union.
a) the offering ofgoods or senlices to such data subjects in the Union, whether or not a payment is required
from them; or
b) the monitoring of their behavior, insofar as such behavior takes place within the Union.
FRENCH REPUBLIC
co-accredited persons may assert their tri/ormotor and legal rights by contacting the CN/t's data protection delegate iOPOJ
-•- --f < ulaire en 1+que 011 par coznrierposiol. Potir et savoir glus , \vow.cnii.fr/doniiees-oersontiel/es.
(94 of 414), Page 94 of 414
Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 94 of 414
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 187 of 217
However, in this case, processing appears to be canied out mainly in Cupe1tino (United States),
Canada, or Israel. Apple's internal documentation also states that "no Glimmer data should be downloaded in
certain regions. " More specifically, "In France or Germany" (page 11 of 54). According to our understanding,
in the event that the application were to be installed on the professional devices of Apple employees in France
(about which we have no info1mation), the data collected by the application would remain
stored locally on the employees' professional phones.
Secondly, you indicate that APPLE is implementing another biometiic device.
You specify that, since 2018, you have received several emails from APPLE inviting you to participate in a
study in which high-resolution 3D scans of pa1ticipants' ears would be taken. You also
specify that the "AirPods" patent describes the device as a system capable of captming a wide range of health
data on users, including heait rate, blood volume and breathing rate.
Regarding the personal data collected in connection with the development of "AirPods,"
your complaint is based solely on the patent filed by Apple and several online press aiticles,
without providing any other material evidence to suppo1t the claim that such ti·acking is being canied out
in the European Union and/or affects individuals residing in the European Union.
In light of the above, the processing of personal data that is the subject of your
refe1Tal does not appeai· to fall within the tenitorial scope of the GDPR.
Fmthe1more, I would like to draw your attention to the fact that, for processing operations falling
within the scope of the GDPR, the competent autho1ity is the lead supe1viso1y authority, i.e. the authority where
the data conti·oller has its main establishment. In this case, as it concerns Apple,
would be the Ilish autho1ity. Therefore, unless the processing of personal data in question is cross-border and
subject to the cooperation mechanism provided for by the GDPR, the CNIL
does not, in p1inciple, have jurisdiction to supe1vise the processing canied out by APPLE.
We neve1theless take note of the info1mation provided and will remain attentive to
any additional info1mation or developments that could lead us to consider that such processing constitutes a
violation of French or European data protection regulations.
Yours sincerely
Maiie-Laure DENIS President
Subject to appeal by the applicants, the decisions of the CNIL may be appealed to the Council of State within
two months of their notification .The decisions of the CNIL may be appealed to the Council of State
within two months of their notification.
(95 of 414), Page 95 of 414
Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 95 of 414
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 188 of 217
CNIL.
COMMISSION NATIONALE
INFORMATIQUE & LIBERT~S
Madame Ashley ASHLEYGJOVIK
1050 BENTON ST, 2310
95050 SANTA CLARA
Paris, le 5 avril 2022
Accuse de rece_ptton de votre co1Jrrier
Votre numero de dossier : 22006530
(a rappeler /ors de tout contact avec la CNIL)
Nous avons bien re~u votre demande le 02 avril 2022.
Apres analyse de sa recevabilite, elle a ete transmise pour instruction au service des plaintes
de la CNIL qui vous informera de I'etat d'avancement de votre dossier.
A cette occasion, des elements complementaires pourront vous etre demandes.
Lorsque 3 mois se seront ecoules, pour savoir ou en est votre dossier, vous pourrez nous contacter
en precisant le numero figurant sur le present accuse de reception, sur le site de la CNIL depuis le
formulaire de la rubrique Besoin d'aide « Comment savoir ou en est ma reclamation? ».
Si dans le delai de 3 mois vous avez d'eventuels complements a apporter, vous pouvez egalement
utiliser ce meme formulaire en ligne.
Nous appelons votre attention sur le fait que les delais de traitement peuvent etre importants
en raison du grand nombre de saisines que nous recevons.
Au terme de !'instruction, vous serez informe de-t'issue de-votre dossier.
Le Service des Relations avec Jes Publics
---------------------REPUBLIQUE FRAN<;:AISE---------------------
3 PIJCC de Fontenoy, TSA 80715 75334 PARIS C[O[X 07 01 53 73 22 22 WWW cn1I fr
a a
les donn€es per::,onnelles necessalre5 l'accompllssement des missions de lo CN/l mnt conservees et traltees dons des fichiers destines son usage exduslf.
Les personnes concernees peuvent exercer leurs droits lnformatique et Libertes en s'odrcssant t:u c!e!egue a la orotection des donnees de la om. via un formulaire en ligne
ou par courrier postal. Pour en savoir plus : www.cnil.fr/donnees-personr.elles.
(96 of 414), Page 96 of 414
Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 96 of 414
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 189 of 217
CNIL.
CODE I¥SION NATIONALE IN
FORMATIQTJE & LIBERTÉS
Mrs Ashley ASHLEYGJOVIK 1050
BENTON ST, 2310
95050 SANTA CLARA
Paris, April 5, 2022
Your file number: 22006530
(to be remembered when contacting the CNIL)
We received your request on April 02, 2022.
After analysis of its admissibility, it was forwarded to the complaints department for processing.
of the CNIL, which will keep you informed of the progress of your case.
You may be asked to provide additional information.
When 3 months have elapsed, to find out the status of your claim, you can contact us by specifying the
number shown on this acknowledgement of receipt, on the CNIL website from the form in the Need
help section "How to find out the status of my claim†".
If you need to make any additions within 3 months, you can also use the same online form.
We would like to draw your attention to the fact that processing times can be long due to the large
number of referrals we receive.
At the end of the instruction, you will be informed of Pissne dewtre dmsier.
Public Relations Department
- R Ê PUBLIQUE FRANÇAISE
3 P lace dc Fo ntcnoy, USA 8077 5 7S33ö PAR lS C ŁD Ek 07 01 53 73 22 22 WWw č ni1.fr
(97 of 414), Page 97 of 414 Case: 25-2028, 05/20/2025, DktEntry: 27.6, Page 97 of 414
5/20/25, 8:37 PM Case 3:23-cv-04597-EMC Document
Advertising ID: APPLE 307-1 Filed
DISTRIBUTION 03/13/26
INTERNATIONAL Page
fined 8 million 190
euros of 217
| CNIL
The Wayback Machine - https://web.archive.org/web/20230105104914/https://www.cnil.fr/en/advertising-id-apple-dist…
Advertising ID: APPLE DISTRIBUTION INTERNATIONAL fined 8
million euros
04 January 2023
On 29 December 2022, the CNIL's restricted committee imposed an administrative fine of 8 million euros on the company APPLE DISTRIBUTION
INTERNATIONAL because it did not collect the consent of iPhone's French users (iOS 14.6 version) before depositing and/or writing identifiers
used for advertising purposes on their terminals.
Background information
Following a complaint concerning the ad personalization in the App Store, the CNIL carried out several investigations in 2021 and 2022 in order to verify compliance with the
applicable regulations.
The CNIL services found that under the old version 14.6 of the operating system of the iPhone, when a user visited the App Store, identifiers used for several purposes, including
personalization of ads on the App Store, were by default automatically read on the terminal without obtaining consent.
The breach of the French Data Protection Act
Due to their advertising purpose, these identifiers are not strictly necessary for the provision of the service (the App Store). Therefore, they must not be read and/or deposited
without the user's prior consent. However, in practice, the advertising targeting settings available from the "Settings" icon of the iPhone were pre-checked by default.
Moreover, the user had to perform a large number of actions in order to deactivate this setting, since this option was not included in the initialization process of the phone.
Therefore, the user had to click on the "Settings" icon of the iPhone, then go to the "Privacy" menu and finally to the section entitled "Apple advertising". These elements did not
allow to collect the prior consent of users.
Consequently, the restricted committee, the CNIL's body responsible for issuing sanctions, found a breach of Article 82 of the French Data Protection Act and imposed a fine of
8 million euros on APPLE DISTRIBUTION INTERNATIONAL, which was made public.
It explained this amount by the scope of the processing limited to the Apple Store, the number of people concerned in France, the profits the company made from advertising
revenues indirectly generated from data collected by these identifiers and the fact that since then, the company has reached compliance.
Jurisdiction of the CNIL
The CNIL is materially competent to verify and sanction operations related to identifiers deposited and/or read by the company on the terminals of Internet users located in
France. The cooperation mechanism provided for by the GDPR (the “one-stop shop” mechanism) is not intended to apply in these procedures insofar as the operations linked to
the use of the identifiers fall within the scope of the " ePrivacy " directive, transposed in Article 82 of the French Data Protection Act.
The restricted committee considered that the CNIL is also territorially competent because the use of identifiers is carried out within the "framework of the activities" of the
companies APPLE RETAIL FRANCE and APPLE FRANCE, which constitute the "establishments" on French territory of the APPLE group.
Note: APPLE DISTRIBUTION INTERNATIONAL, whose head office is in Ireland, presents itself as the controller of the processing regarding the ad personalization on the
App Store, in the European region. The companies APPLE RETAIL FRANCE and APPLE FRANCE are the establishments in France of the Apple group.
Texte reference
The decision (in French)
> Délibération de la formation restreinte n°SAN-2022-025 du 29 décembre 2022 concernant la société APPLE
DISTRIBUTION INTERNATIONAL - Légifrance
Texte reference
Pour approfondir
> The sanctions procedure
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Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 191 of 217
R. EXHIBIT R: Feb. 4 2026 Email
See also, Ex. from Declaration in Support of Plaintiff’s
Motion for Sanctions at Dkt. 302-1 (03/06/26) pp. 9-28,
incorporated here.
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 26
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 192 of 217
Re: (Ashley Gjovik v. Apple, Inc.)(126432) – Deposition Transcript
Designations
From Ashley M. Gjovik (Legal Matters) <legal@ashleygjovik.com>
To Ashley Gjovik<ashleymgjovik@protonmail.com>
CC Mantoan, Kathryn G.<kmantoan@orrick.com>, Riechert, Melinda<mriechert@orrick.com>,
Perry, Jessica R.<jperry@orrick.com>, Horton, Nicholas J.<nhorton@orrick.com>,
Booms, Ryan<rbooms@orrick.com>
Date Wednesday, February 4th, 2026 at 6:15 PM
Attn: new NLRB charge
Hello,
I'm removing Talty from this thread and I'm going to ask you one more time to meet/confer with me on this, because
you have refused to meet/confer on this, you waited well past the 30-day deadline for substantiating your claims, and
the document you sent tonight contains content that violates state and federal law -- including at least labor,
whistleblower, consumer, privacy, medical, and professional ethics laws.
Certainly you had to expect that I would complain about Apple claiming my own menstruation, cervical mucus, and
sexual activity are "Apple Confidential."
You also must have known that I would be further disgusted to see Apple claim that my complaints about Apple
invading my, and my coworkers, privacy rights regarding menstruation, cervical mucus, and the people we choose to
have sexual intercourse with in our own homes is also "Apple Confidential" so our complaints about privacy violations
by Apple, and Apple's underlying conduct, are somehow secret.
You also know that in my lawsuit and some of the administrative proceedings, I cite these exact topics as protected
disclosures, concrete harms/injuries, unfair business practices, and/or work conditions -- and I allege Apple's own
conduct is unlawful, harmful, and requiring enforcement action including injunctive relief.
You have refused to even attempt to justify these confidentiality claims, disregarded and refused to comply with the
exact process you insisted be put in place and where you had promised confidentiality disputes would be addressed,
and instead you have now taken action to formalize and permanently record your client's illegal assertions.
Further, this deposition is about my employment at Apple, my concerns about work conditions and the rights of Apple
employees generally, and its partially in response to my claims of unlawful labor practices -- which means that Apple's
about to get a new NLRB charge filed against it, arising from your document today.
While NLRB has resisted taking action that could interfere with standard court procedures in this case, here Apple
has chosen to refuse to engage with standard court procedures, cut off my access to standard procedures, and is
literally claiming in an official legal document that Apple thinks it has some sort of vested business interest and
secrecy claim to its employees... genital secretions.
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 193 of 217
So even an NLRB run by Apple's own lawyer will have a hard time dismissing this one -- unless, maybe if you come
to the table and actually participate in this process in good faith.
I stress again, you're not even attempting to offer some nonsense, vague justification for these claims -- you're just
refusing to engage in the process completely while concurrently threatening to take unjustified actions to further
invade my privacy, interfere with my exercise of my privacy rights and right to bodily autonomy, and to implicitly
threaten other employees to not engage in the same protected activity that I did including reporting retaliation and
harassment by Apple. That sounds illegal!
So let me know if we do a video call or phone call or something where we can actually at least pretend to meet/confer
about this -- or if you're just going sticking to your current path of claiming that Apple has intellectual property rights
over their worker's vaginas -- because that's where we're at tonight and its extremely disturbing.
—
Ashley M. Gjøvik
BS, JD, PMP
Sent with Proton Mail secure email.
On Wednesday, February 4th, 2026 at 4:39 PM, Ashley M. Gjøvik <ashleymgjovik@protonmail.com> wrote:
Apple counsel,
I sent you an email about this a few moments ago (re-adding below) and instead of replying to me, you sent your
own email not addressed to me, ccing me as an observer, and you are asserting a process that does not comply
with the Protective Order we signed for Discovery. That means you are in violation of that Order and refusing to
comply with the process you insisted on for this case.
You need to send meyour claims and then we are to meet/confer about those claims.
Talty Ho is not the Magistrate Judge in our case and will not be deciding the validity of claims.
Once we agree to the claims, then they should be reflected in the transcript -- and you were supposed to do this
with me over a month ago.
I ask that you send me your claims to discuss -- as of now you have expressly excluded me from your claims and
are attempting to formalize your claims without my input, despite my direct request to you to meet/confer about
exactly this.
—
Ashley M. Gjøvik
BS, JD, PMP
Sent with Proton Mail secure email.
On Wednesday, February 4th, 2026 at 4:32 PM, Mantoan, Kathryn G. <kmantoan@orrick.com> wrote:
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 194 of 217
Talty CR Production Team:
I write regarding the deposition transcript we received on 1/7/2026 in this matter.
Pursuant to the operative Protective Order, we have reviewed the transcript and are finalizing our confidentiality
designations. Attached is a chart identifying the specific portions (with citations and text) for which confidentiality is
being asserted.
Plaintiff is copied on this email for notice purposes.
Thank you,
Katie
Kathryn G. Mantoan
Attorney
Pronouns: she / her / hers
Orrick
San Francisco | Portland
T +1-415-773-5887
M +1-415-218-4865
T +1-503-943-4870
kmantoan@orrick.com
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 195 of 217
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law.
If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us
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https://www.orrick.com/Privacy-Policy to learn about how we use this information.
On Wednesday, February 4th, 2026 at 4:22 PM, Ashley M. Gjøvik <ashleymgjovik@protonmail.com> wrote:
Hello,
I'm adding Apple to this thread.
Apple's counsel,
We need to complete our review of the transcript, submit any corrections, and ensure that we don't then need
more corrections based on the other party's corrections.
We also need to finalize the Confidentiality claims and ensure the record accurately represents those claims
including for any exhibits. I asked you for updates on your Confidentiality claims and you said you were
working on it but I have yet to see any updates from you -- and nothing to actually narrow, define, and
substantiate any of your Confidentiality claims.
The deposition was nearly two months ago and during the deposition I told you to substantiate any
Confidentiality claims and that I was not agreeing to any blanket Confidentiality claims.
Under the Protective Order you have a limited amount of time to substantiate your claims and if you do not,
they are waived. Under that order, for this deposition, all of your Confidentiality claims would be waived by
now.
However, there's probably at least a few statements/terms that are plausibly Confidential, I am still bound by
the lawful/legitimate terms within the NDAs I consented to and signed, and I feel it would be proper to allow
Apple to still substantiate the things that may actually be Confidential.
That said, you're already overdue and I need a timeline from you as to when you will be done and to ensure it
can still be reflected in this deposition transcript.
I also ask if you're submitting any requests for corrections to this records, and if so, to please share with me
what you ask for.
I also need to submit my request for corrections so please let me know if you'd like any process for that other
then being cc'd or receiving a copy of what I submit to the Talty team.
-Ashley
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 196 of 217
—
Ashley M. Gjøvik
BS, JD, PMP
Sent with Proton Mail secure email.
3.90 KB 2 embedded images
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 197 of 217
S. EXHIBIT S: Blog Post
Exhibit: “Apple Claims It Owns Its Employees' Cervical Mucus: A New NLRB Charge
Reveals the Logical Endpoint of Corporate Confidentiality Abuse”
See Ex. B from Plaintiff’s Objections at Dkt. 284 (2/20/26) pp. 70-84,
incorporated here.
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 27
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 198 of 217
T. EXHIBIT T: Social Media Post
Exhibit: Social Media Posts
See Ex. C from Plaintiff’s Objections at Dkt. 284 (2/20/26)
pp. 85-95, incorporated here.
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 28
Case 3:23-cv-04597-EMC Document 307-1 Filed 03/13/26 Page 199 of 217
EXHIBIT:
DECLARATION OF THOMAS LE BONNIEC
Plaintiff’s Declaration | 3:23-CV-04597-EMC | Page 29
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IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ASHLEY GJOVIK,
Case No. 25-2028
an individual,
Plaintiff/Appellant, Declaration of Thomas le Bonniec
v.
APPLE INC,
a corporation,
Defendant/Appellee.
DECLARATION OF THOMAS LE BONNIEC
IN SUPPORT OF ASHLEY GJOVIK’S REQUEST FOR APPEAL
AND MOTION FOR INJUNCTIVE RELIEF
Pursuant to 28 U.S. Code § 1746, I, Thomas Le Bonniec, declare as follows:
1. My name is Thomas Le Bonniec. I make this declaration of my own
personal knowledge, and if called to testify in Court on these matters, I could do so
competently under oath to such facts. I make this declaration in support of
Plaintiff’s Opposition to Apple’s Motion to Dismiss her Third Amended
Complaint.
1
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2. I contacted Plaintiff, Ashley Gjovik, in November of 2022. I wanted
to speak with her about [stuff]. Plaintiff responded in November 2022, and since
then, she and I have emailed and also met several times for video conversations.
We often discuss our concerns about consumer privacy. I shared with Plaintiff
what I saw working at an Apple subcontractor, and Plaintiff shared with me her
experience with Apple’s “Gobbler” application and other data collection practices
performed Apple that bothered her. We have often spoke about how important the
right to privacy is to us, and complained about statements made by Apple about
privacy which we felt were deceptive based on our own firsthand experiences with
the company. Plaintiff and I have also discussed how fearful we both were and are
to speak out against Apple.
3. During my conversations with Plaintiff, she shared with me some of
the negative experiences that have occurred to her after she reported Apple to the
US and California governments. The statements Plaintiff made to me contained
specific allegations and were consistent with her statements under her RICO Act,
Bane Act, Ralph Act, and IIED claims in her Third Amended Complaint. Plaintiff
has also expressed to me her fear and reluctance to continue to act as a witness
against Apple due to the negative events she has experienced.
4. Plaintiff’s Third Amended Complaint alleged that, in violation of the
U.S. RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT, that Apple was
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intentionally creating a “knowingly false reputation of strong regulatory
compliance” and is engaging on “intimidation” of potential “witnesses.” [docket
#47]
5. Apple disputes this point in its Motion to Dismiss [docket #48, page
14, lines 5-8] Apple wrote that Plaintiff’s Third Amended Complaint did
adequately state “what role Apple or any other entity played in concocting the
alleged scheme or ensuring its and success.” docket #48, page 18, lines 1-9].
Apple also argued that Plaintiff “does not identify any other ‘witness’.” [docket
#48, page 19, lines 3-9].
6. I offer this declaration in support of Plaintiff’s claims. I was a witness
to, what I feel was, violations of multiple laws by Apple – and also a witness to,
what I feel, was a scheme by Apple to conceal the acts and intimidate witnesses
from reporting Apple’s activities. What I witnessed occurred in Cork, Ireland
during 2019 while I worked for Global Technical Services Ltd. (“GlobeTech”), a
subcontractor of Defendant Apple Inc.
7. On May 8th, 2019, I signed a Non-Disclosure Agreement and an
employment agreement with GlobeTech. [Exhibit A]. I worked in the position of
“Data Analyst” at Globetech. My job consisted of listening to audio files recorded
by Apple’s products and to verify and correct the written transcription from “Siri,”
Apple’s vocal assistant.
3
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8. I witnessed thousands of audio recordings of the public, captured by
Apple’s devices all over the world, and stored on service where we could listen to
the actual audio recordings. I witnessed recordings in situations like a person
talking about their political opinion, kids talking to their iPad, and others dictating
private messages about their health state. I also heard a man playing out loud his
sexual fantasies with young children.
9. The employee guidelines provided to me by GlobeTech stated: “Be
aware that this project will involve private and personal user data. Vulgar
language, violent themes, pornographic or criminal subjects may show up. If this is
too disturbing, please speak to your manager.” [attached as Exhibit C is a true and
correct image of the message noted which I captured myself while still employed
at GlobeTech]
10. This activity was conducted on Apple’s hardware (MacBooks),
through Apple’s Virtual Private Network, and on Apple’s platform
(“CrowdCollect”). [attached as Exhibits D and E are true and correct images of the
“CrowdCollect” tool, which I captured myself while still employed at GlobeTech].
I was also provided a @apple.com Apple corporate email address.
11. While I worked at GlobeTech analyzing the recordings, in addition to
the NDA I signed, I also witnessed managers telling me and other workers that
GlobeTech expected us to remain silent and not speak with each other during our
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shift. I also witnessed a manager telling me and others to not tell anyone about our
work, even our family or friends, and they said, especially journalists. I desperately
wanted to talk to my coworkers about the ethics of what we were doing, but due to
these rules, I felt it was very difficult to do so.
12. I felt that that Apple’s recordings of these private conversations was
unethical, so I left GlobeTech without prior notice. I did not want to participate in
what I felt could be unlawful activity. I received after a few days a notice of
termination of employment due to my absence.
13. In 2019, I engaged with European media outlets to share my
experience. In 2020, after resigning, I filed several complaints with the European
Data Protection Authorities and with the U.S. Securities and Exchange
Commission attesting to what I saw and experienced in my position at GlobeTech.
14. One specific issue I raised to the US SEC was how Apple and
GlobeTech asked GlobeTech workers to sign non-disclosure agreements which I
felt were intimidating and too restrictive. I felt that the wording of the NDA
implied I could not communicate with law enforcement agencies about what I
witnessed related to Apple’s audio recordings without a risk of retaliation,
including being sued by Apple. [See Exhibit A, page 4, section “5.6 Remedies”].
15. I have publicly stated that these NDAs have a chilling effect and I
believe they are intended to intimidate workers who are witnesses of potentially
5
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unlawful conduct by Apple, and which is facilitated by Apple’s external business
partners, like GlobeTech. [attached as Exhibit B is a true and correct copy of a
Bloomberg article I was interviewed for and quoted it]
16. Despite my fear of retaliation for reporting what I saw, which I did
and do have, I felt compelled to report, as I felt it was an ethical obligation, despite
the EU authorities’ absence of reaction. I was also motivated to speak out after
reading about other Apple whistleblowers who also came forward to speak about
these Siri recordings a few days before I did. I read about these whistleblowers in
articles including in The Guardian on July 26th, 2019 [attached as Exhibit F is a
true and correct image of the article noted] and El Pais on July 26th, 2019
[attached as Exhibit G is a true and correct image of the article noted]. I was and
am concerned that I witnessed Apple’s audio recording practices still occurring in
2019-2020, even after those other whistleblowers came forward in 2019 before me.
17. On February 14th , 2025 on the basis of my testimony and the evidence
I provided, a complaint was filed by the Human Rights League in France for these
privacy violations (exhibit H).
6
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18. I declare under penalty of perjury under the laws of the United States
of America that the foregoing is true and correct.
Executed this 12TH day of May 2025
in Paris, France. ______________________________
Thomas LE BONNIEC
7
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EXHIBIT A: GLOBETECH NDA
Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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EXHIBIT B: 2023 BLOOMBERG INTERVIEW
https://www.bloomberg.com/news/articles/2023-04-18/tech-firms-try-to-muzzle-workers-with-
ndas-sec-tipsters-say
14
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EXHIBIT C: SCREENSHOT OF SIRI GRADING PER COUNTRY
EXHIBIT D: SCREENSHOT OF SIRI GRADING PER COUNTRY
15
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EXHIBIT E: SCREENSHOT OF SIRI RECORDING ON
CROWDCOLLECT
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EXHIBIT F: 2019 THE GUARDIAN ARTICLE
https://www.theguardian.com/technology/2019/jul/26/apple-contractors-regularly-hear-
confidential-details-on-siri-recordings
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EXHIBIT G: 2019 EL PAIS ARTICLE
https://elpais.com/tecnologia/2019/07/23/actualidad/1563902000_568286.html
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EXHIBIT H : 2025 RADIO FRANCE ARTICLE
https://www.radiofrance.fr/franceinter/podcasts/l-info-de-france-inter/l-info-de-france-
inter-3297121
19
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