Apple has appealed a UK government directive requiring it to create a mechanism for law enforcement to access encrypted cloud data, the Financial Times has reported, citing sources familiar with the matter. The legal challenge was submitted to the Investigatory Powers Tribunal, a specialised court that reviews complaints against UK intelligence and security agencies, according to BBC News.
The dispute stems from a technical capability notice issued by the UK Home Office in January, which required Apple to grant authorities access to encrypted iCloud backups in cases involving national security or serious crime. In response, Apple withdrew its Advanced Data Protection (ADP) feature from the UK market last month rather than comply with the order. ADP, an opt-in security feature, enables end-to-end encryption for cloud data, preventing even Apple from accessing users’ messages, photos, and files. Without ADP enabled, Apple retains the ability to access certain iCloud backups, including copies of iMessages, when legally compelled.
Global debate over encryption and law enforcement access
Governments and technology companies have long clashed over encryption, with authorities arguing that such security measures hinder criminal investigations, while firms warn that weakening encryption creates vulnerabilities for all users. The UK’s directive has been described as particularly far-reaching, intensifying concerns over government access to private data.
Apple’s decision to remove ADP has sparked criticism from privacy advocates, while the UK government maintains that law enforcement access is only required in exceptional circumstances involving serious crimes such as terrorism and child exploitation. A Home Office spokesperson declined to comment on the specific order issued to Apple but stated that privacy protections are in place to ensure any requests are proportionate and justified.
The UK’s actions have also drawn international scrutiny. US President Donald Trump compared the demand to surveillance practices associated with China during an interview with The Spectator. Meanwhile, US intelligence officials are examining whether the UK’s approach violates the CLOUD Act, which governs data-sharing agreements between the two countries. The legislation prohibits either nation from unilaterally demanding access to the data of each other’s citizens.
Tulsi Gabbard, US Director of National Intelligence, expressed concerns in a letter stating that she had not been informed in advance about the UK’s request. She described it as a potential violation of US citizens’ privacy rights and indicated that an investigation would determine whether the UK acted outside the scope of existing agreements.
Apple has not publicly commented on its legal challenge, while the Investigatory Powers Tribunal has yet to respond to requests for clarification. The Financial Times reported that the case could be heard in the coming weeks, though it is unclear whether proceedings will be made public.
The UK government has not confirmed or denied the existence of the order, citing legal restrictions that prevent such disclosures. Under UK law, companies receiving technical capability notices are barred from publicly discussing them. However, the Home Office reiterated that its policies aim to protect citizens from serious crimes while maintaining necessary privacy safeguards.
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