Apple and two civil liberties organisations have challenged the British Government’s refusal to say whether it ordered the technology company to provide access to encrypted data belonging to customers in the UK.
The dispute was considered by the Investigatory Powers Tribunal in London on Thursday, amid continuing concern about the effect that government access requirements could have on the security of Apple users’ information.
The Home Office has maintained a policy of neither confirming nor denying the existence of individual technical capability notices. Such notices can require telecommunications and technology companies to make changes that allow authorities to obtain specified information.
Lawyers representing Apple, Privacy International and Liberty argued that the Government’s position prevents proper public scrutiny of an issue affecting the privacy and security of millions of people.
Ben Jaffey, representing the two campaign groups, described the continued secrecy as “farcical,” according to Reuters’ account of the tribunal hearing.
Dispute Centres On Encrypted Cloud Data
The case concerns Advanced Data Protection, an optional Apple security feature that applies end-to-end encryption to additional categories of information stored in iCloud.
When the feature is enabled, data including iCloud backups, photographs and notes can be decrypted only on a user’s trusted devices. Apple does not hold the encryption keys required to access that information.
Ten iCloud categories are covered by Advanced Data Protection, including iCloud Backup, iCloud Drive, Photos, Notes, Reminders, Safari Bookmarks, Siri Shortcuts, Voice Memos, Wallet Passes and Freeform.
The dispute does not mean government officials have unrestricted access to customers’ iPhones or can freely monitor their activity. It concerns whether Apple can be legally required to create a technical means of accessing certain encrypted cloud backups when authorised by law.
Apple argues that creating such an access mechanism would weaken security because the same vulnerability could potentially be exploited by criminals, hackers or hostile governments.
The company has repeatedly said that it has never created a backdoor or master key for its products and services.
Protection Remains Unavailable In The UK
Apple withdrew Advanced Data Protection from customers in the UK in February 2025 after receiving a government demand under the Investigatory Powers Act.
New UK users could no longer activate the feature, while existing users were required to disable it. Apple said at the time that removing the protection would leave customers more exposed to data breaches and other threats to privacy.
Several other iCloud categories, including iMessage, FaceTime, iCloud Keychain and Health data, remain protected by end-to-end encryption by default and are unaffected by the dispute.
The original government notice was understood to cover encrypted cloud backups belonging to both British and American users. That demand was later withdrawn following negotiations between the UK and United States governments.
However, a second notice issued in July 2026 reportedly applied specifically to Apple customers in the UK. The British Government has not publicly confirmed or denied that notice.
Government Cites National Security Concerns
Neil Sheldon, representing the Government, told the tribunal that departing from its established secrecy policy could create a national security risk. He argued that disclosures about technical capability notices could help hostile actors determine which companies were subject to government requirements.
The Home Office’s position is that lawful access to communications and stored information may be necessary to investigate serious crime and prevent terrorist attacks.
The tribunal is expected to rule later on whether the Government can continue refusing to acknowledge the disputed notice. A full hearing on Apple’s wider challenge is not expected until 2027.
Until the case is resolved, Advanced Data Protection remains unavailable to Apple customers in the UK.
