Apple encryption row with UK should not be secret, court rules

A judge has ruled that a legal dispute between the UK government and Apple cannot be kept secret. This decision supports a coalition of civil liberties groups and news organizations, including the BBC.

The Home Office wants access to data protected by Apple's Advanced Data Protection (ADP) system. They cite powers under the Investigatory Powers Act for this request. Currently, only users can access this data. Apple refuses to create a "backdoor" into ADP due to concerns about hacking.

The government's request faced strong criticism from privacy advocates and some US politicians. In February, Apple removed ADP from the UK. In March, they began legal proceedings against the government in the Investigatory Powers Tribunal.

The government argued that revealing details of the case could harm national security. They referred to these as "bare details." However, on Monday morning, the tribunal rejected this argument. They emphasized the importance of open justice and media coverage of the issue.

The tribunal stated it would be extraordinary to hold a hearing entirely in secret. They concluded that revealing basic case details would not harm public interest or national security.

In response, the Home Office declined to comment on ongoing legal matters but stressed their priority is public safety. They mentioned existing investigatory powers aimed at serious criminals are subject to judicial oversight.

Civil rights organizations welcomed Monday's ruling against secrecy. These groups had urged for public hearings in this case alongside news organizations like the BBC.

Jim Killock from Open Rights Group said this ruling has global implications for privacy and security. The group campaigned with Big Brother Watch and Index on Censorship against secret hearings.

Rebecca Vincent from Big Brother Watch noted that this judgment reduces secrecy around such cases. She called the Home Office's order an attack on privacy rights for millions of British Apple users.

Apple chose not to comment further but previously stated its commitment to user security. They reiterated they have never created backdoors or master keys for their products.

Apple's ADP is an opt-in tool designed for enhanced data protection on devices like iPhones. It uses end-to-end encryption (E2EE), meaning only users can access their data securely stored in iCloud accounts.

E2EE also protects messaging services like WhatsApp and Signal but complicates law enforcement efforts. Authorities can request information with lower protection levels but cannot access E2EE-secured files without Apple's capability.

Privacy International welcomed today's ruling, emphasizing individual rights must be protected transparently in legal challenges affecting billions globally.