The organization, France Digitale, which represents the majority of France’s digital entrepreneurs and venture investors, claimed in the lawsuit that iPhone maker Apple’s previous operating program, iOS 14, did not comply with EU privacy requirements.

While iPhone owners were asked in iOS 14 whether they were willing to allow installed mobile apps to gather a key identifier used to define campaign ads and send targeted ads, France Digitale argued that default settings allowed Apple to carry out its own targeted ad campaigns without explicitly asking iPhone users for their prior consent.

Apple’s privacy changes, known as App Tracking Transparency, allow users to prevent apps from tracking their activities across apps and websites controlled by other firms.

Francois Pellegrini, the chief adviser, made his suggestion following an examination by the authority, which was prompted by a complaint lodged last year by France Digitale. The sanctioning body of CNIL is able to disregard the rapporteur’s suggestions, although these usually carry a lot of weight in the watchdog’s final judgment.

At the hearing, Apple’s chief of privacy, Gary Davis, disputed Pellegrini’s findings, stating that Apple was committed to protecting consumers’ privacy.

Davis also has stated that he believes the amount of the fine should be ‘decreased’ considering the ‘absence of any seriousness to the breach’. He has requested that the official amount not be made public.

CNIL has not yet disclosed when it will make a decision.