The Investigatory Powers Tribunal (IPT) recently held a secret hearing over Apple’s appeal against a government order demanding access to data encrypted by its Advanced Data Protection (ADP) service on iCloud. This hearing, closed to the public, sparked a protest from a coalition of ten media organizations, including the BBC, The Guardian, and Reuters, who argued for transparency. Privacy and human rights groups joined the call, emphasizing the need for an open court.
This case stems from an appeal filed by Apple against a Technical Capability Notice (TCN) issued by the Home Office. The notice, declared by Home Secretary Yvette Cooper in January, expands existing access for UK law enforcement to include data protected by ADP, specifically for users who manage their encryption keys on their devices.
Outside the Royal Courts of Justice, lawyers and journalists waited to argue for an open hearing but were not permitted to present their case. Lord Justice Rabinder Singh and High Court Judge Jeremy Johnson presided over the hearing. Apple’s interests were represented by barristers Julian Milford KC and Dan Beard KC, while James Eadie KC represented the government.
Meanwhile, civil rights groups like Privacy International and Liberty are pushing back against this secret order. They argue that the TCN violates UK law and the Human Rights Act, claiming it poses a “global consequence” by potentially creating a backdoor for unauthorized access to personal data. Their concerns highlight the risks for vulnerable populations—like political dissidents and LGBT+ communities—who could face surveillance or harassment.
The groups assert that such orders threaten end-to-end encryption, crucial for safeguarding privacy and free expression. They argue that individuals must have control over who accesses their data, especially those whose jobs or identities place them at risk.
Caroline Wilson Palow from Privacy International emphasized the importance of encryption to protect against oppression. She stated that no government should have the authority to compromise this protection.
Both Gus Hosein from Privacy International and Ben Wizner from the ACLU, who represents whistleblower Edward Snowden, are also challenging the TCN, as it threatens their rights. They contend that the UK government’s approach is disproportionate and undermines a fundamental layer of privacy.
Liberty’s director, Akiko Hart, described the government’s actions as a potential gateway for hackers and foreign entities to breach personal data. She called for concrete assurances from the UK government that they will not advance with these plans, highlighting that opposition spans marginalized communities, tech companies, and international voices alike.