Apple appeals UK's encrypted data "back door" order, raising privacy concerns. Court hearing held in secrecy despite media requests for access.
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| Apple's appeal against UK encryption order held secretly, raising alarms over privacy rights and the balance between national security and consumer protection. Image: ChicHue |
London, UK — March 15, 2025:
A secretive court hearing in London has fueled growing concerns over privacy and encryption, as Apple fights a British government order requiring it to create a "back door" to access encrypted cloud data. The case, which is reportedly Apple's appeal against the UK’s demand, was held behind closed doors on Friday, despite formal requests from media organizations for public access.
In February, it was reported by The Washington Post that the UK government had issued a "technical capability notice" (TCN) to Apple, compelling the tech giant to enable authorities to access encrypted messages and photos—potentially including users outside the UK. In response, Apple took the significant step of removing its Advanced Data Protection encryption feature for new users in the UK, signaling its resistance to the demand.
However, the details surrounding the case remain largely undisclosed, with neither Apple nor the UK government confirming specifics about the TCN. The hearing, which was scheduled under the general label of "an application in private" at the Investigatory Powers Tribunal, has sparked controversy due to its secrecy. This tribunal typically handles issues related to unlawful government surveillance, and its closed-door nature has raised concerns about transparency.
While James Eadie, the government’s leading legal representative, attended the hearing, he declined to comment, and Apple did not respond to media inquiries. A lawyer representing 10 major media outlets, including Reuters and the BBC, attempted to have the case heard publicly, but his request was denied, and no reporters were allowed in the courtroom.
This secrecy has sparked criticism from civil rights groups like Privacy International and Liberty. Caroline Wilson Palow, Legal Director at Privacy International, called the situation "unacceptable and disproportionate," emphasizing that billions of people rely on end-to-end encryption to safeguard their privacy. Palow warned that any erosion of encryption could jeopardize global protection against harassment, surveillance, and oppression.
The UK government's demand is part of an ongoing global debate between authorities and tech companies over the tension between national security concerns and protecting individual privacy. Governments argue that encrypted communications can hinder law enforcement efforts to combat terrorism and crime, but critics warn that weakening encryption protections could lead to far-reaching abuses of power.
The case has also garnered attention from U.S. officials, with some suggesting that the UK’s actions may breach the CLOUD Act, which regulates the sharing of data between the U.S. and the UK. The situation highlights the complexities of international data-sharing agreements and the potential diplomatic fallout from the UK’s approach.
While the UK government has refused to confirm or deny the existence of the TCN, Security Minister Dan Jarvis has insisted that privacy and security can coexist, a statement that some view as insufficiently clear. As tensions mount, the outcome of this case could set a significant precedent for future government requests for access to encrypted data worldwide.
As the legal battle continues, both privacy advocates and tech companies will closely watch the proceedings, with global implications for how personal data is protected in the digital age.