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Wednesday, Jun 18, 2025

UK Home Office's Legal Dispute with Apple Revealed in Tribunal Ruling

UK Home Office's Legal Dispute with Apple Revealed in Tribunal Ruling

Investigatory powers tribunal rejects Home Office's bid for secrecy in case concerning Apple's Advanced Data Protection service
The UK Home Office has lost an effort to maintain the confidentiality of its legal dispute with Apple, as the investigatory powers tribunal has ruled that basic details of the case must be made public.

On Monday, Lord Justice Singh and Mr Justice Johnson confirmed the nature of the legal challenge brought by Apple against the Home Office regarding the authority to issue Technical Capability Notices (TCNs) under the Investigatory Powers Act.

The Home Office contended that publicizing the existence of the case and the names of the involved parties could compromise national security.

However, the tribunal judges determined that disclosing the bare details would not harm the public interest or pose a risk to national security.

The judges noted, "We do not accept that the revelation of the bare details of the case would be damaging to the public interest or prejudicial to national security."

Reports indicate that the Home Office served Apple with a TCN, which requested access to Apple's Advanced Data Protection service—known for its robust encryption of personal information stored on its servers.

In response to the TCN, Apple has opted to withdraw the Advanced Data Protection service from the UK, maintaining its stance against creating backdoors into its products or services.

The tribunal ruling did not confirm or deny the accuracy of media reports concerning the TCN's specifics, with the judges stating, "This judgment should not be taken as an indication that the media reporting is or is not accurate." The details surrounding the TCN itself remain undisclosed.

Previously, journalists were barred from attending a hearing concerning the case held last month.

Various media organizations had requested that the tribunal disclose who participated in the March 14 hearing and demanded that it be conducted publicly.

Access was restricted, and the identities of the parties involved were not revealed prior to the hearing.

The tribunal judges acknowledged the potential for some future hearings to include public elements, with or without reporting restrictions, but did not provide a definitive ruling on this matter at the current stage.

Recipients of a TCN are prohibited from disclosing the existence of such orders without explicit permission from the Home Secretary.

The tribunal’s guidelines indicate that public hearings should only be closed in circumstances deemed strictly necessary, with restrictions on revealing information harmful to national security.

Ross McKenzie, a data protection partner at Addleshaw Goddard, commented that despite the tribunal's decision, significant revelations regarding the Home Office's rationale for seeking access to Apple user data are not anticipated.

He noted, "We may get a skeletal decision similar to what has been shared so far, which summarizes the rationale without any meaningful detail."

A spokesperson for the Home Office declined to comment on the ongoing legal proceedings but emphasized that established and targeted investigatory powers have historically been critical in saving lives and thwarting serious terrorist threats in the UK. The spokesperson highlighted the necessity of upholding these powers in light of evolving technology.

Apple chose not to comment on the matter.
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