That sounds like an error in the specification of the client-server API or an erroneous implementation on the server side for the last version: nothing should be signaled via presence or absence of fields when using JSON exactly because, as I described in my last post, the standard with JSON is that stuff that is not present should be ignore (i.e. it has no meaning at all) for backwards compatibility, which breaks if all of the sudden presence or absence are treated as having meaning.
Frankly that there isn’t a specific field signalling authorized/not-authorized leads me to believe that whomever has designed that API isn’t exactly experienced at that level of software design: authorization information should be explicit, not implicit, otherwise you end up with people checking for not-in-spec side effects like you did exactly for that reason (i.e. “is the no data being returned because of user not authorized or because there was indeed no data to retunr?”), which is prone to break since not being properly part of the spec means any of the teams working on it might interpret things differently and/or change them at any moment.