Apple counsel argues for UK Government to drop secrecy in iCloud access case

Apple, along with human-rights organisations Liberty and Privacy International, have asked the Investigatory Powers Tribunal (IPT) to lift legal restrictions barring officials from acknowledging a confidential Technical Capability Notice (TCN) issued by the Home Office under the Investigatory Powers Act (IPA).

Last year, former Home Secretary Yvette Cooper directed the technology company to create a backdoor to access its encrypted iCloud user data, which contains photographs, messages, files, and contacts, even when enhanced security settings are active. Following opposition from the US government, the Home Office withdrew the initial directive and issued a revised order limited to British users. Apple continues to resist the demands, disabling its Advanced Data Protection (ADP) feature in the UK for new users and launching a legal appeal.

At a case-management hearing before IPT President Lady Carmichael, Apple counsel Daniel Beard KC argued that lifting restrictions would permit facts to be examined openly. Liberty and Privacy International barrister Ben Jaffey KC described the secrecy as farcical, citing confirmations by US officials, and warned that maintaining neither confirm nor deny (NCND) rules discredits the justice system. Neil Sheldon KC, counsel for the government, countered that surveillance powers safeguard national security and that breaching NCND weakens regulatory effectiveness. 

£ - This article requires a subscription. 

Training Announcement: Find out more about our range of independent accredited qualifications from BCS and IAPP. These include professional certifications for practitioners covering data protection and AI governance, information security and risk management, along with access to public information.