Apple is challenging a UK government request to access its customers’ highly encrypted data in a legal case that will be heard at a secret hearing in the High Court on Friday. The case will be reviewed by the Investigatory Powers Tribunal, an independent court that handles claims against UK intelligence agencies.
Earlier this month, Apple filed a legal appeal in response to the Home Office’s demand for access to customer data protected by Apple’s Advanced Data Protection (ADP) program. Under this system, Apple cannot access data stored in this manner and, therefore, cannot share it with law enforcement even if a warrant is issued.
The UK government argues that it needs the ability to access such data in cases involving national security risks.
Apple has declined to comment on the matter, and the Home Office and Tribunal have also been approached for further statements.
The hearing is set to take place behind closed doors due to its connection with the security services, but campaigners argue that the public has a right to be informed about the proceedings.
Caroline Wilson Palow, legal director at Privacy International, stated, “This hearing should not be held in secret. The public has a right to know whether or not the security of a service that could be used by millions, or even billions, of people around the world is being compromised.”
The dispute began in February when it was revealed that the UK government was seeking the ability to access data protected by Apple’s Advanced Data Protection (ADP) system, using powers granted under the Investigatory Powers Act. This law allows the government to secretly compel companies to provide information to law enforcement.
ADP enables users with iCloud accounts to secure their data—such as photos, notes, and voice memos—with end-to-end encryption, ensuring that only the user, not even Apple, can access it. To bypass this security, the government would need to create a so-called “backdoor,” a potential vulnerability that some fear could be exploited by malicious actors.
Apple responded by reiterating its commitment to privacy and security, stressing that it has never and will never create a backdoor or master key for its products. In response to the government’s demand, Apple announced it would be pulling ADP from the UK.
As tensions rose, Apple decided to take legal action, appealing to the Investigatory Powers Tribunal to challenge the government’s request. A hearing before the tribunal, led by Lord Rabinder Singh, is scheduled for Friday afternoon. While the hearing listing does not mention Apple or the government, a source confirmed their involvement.
In its February statement, Apple expressed regret over the situation and emphasized the importance of end-to-end encryption in protecting cloud storage. It stated its commitment to offering the highest level of security for user data in the UK in the future.
The Home Office has defended the government’s position, stating that it aims to protect citizens from severe crimes, such as child sexual abuse and terrorism, while also safeguarding privacy. The government claims that privacy is only compromised in exceptional cases, when it is necessary and proportionate for tackling the most serious crimes.
