I agree that you should go after the creator of the app. first, but should that avenue fail then Apple could well share liability.

There are also some things you can't waiver in law, and it's entirely possible that a court (or even the OFT) could strike down some of Apple's Terms and Conditions as unfair.

Didn't Norway shoot down iTunes T&C for being unfair?

Well it appears someone is not happy.

Apple sued over iPad and iPhone app 'data leaks' http://www.bbc.co.uk/news/technology-12089225

I suspect that eventually they will close the leaks and end this problem. It also looks like Google will be sued as well for the same problem.

The problem with Google is that giving your data to other people is essentially their entire business model.

Jon

People might accept it from Apple and Google, but definitely not every Tom, Dick and Harry developer. Being able to track your phone if stolen is very different from handing your personal identity data over to a criminal.