UK Home Office challenged over secrecy regarding Apple data access orders

The UK Home Office is facing legal challenges at the Investigatory Powers Tribunal regarding its policy of neither confirming nor denying the existence of Technical Capability Notices (TCNs) issued to Apple.

Lawyers representing Apple and civil rights groups, including Privacy International and Liberty, argued that the government's secrecy is ‘farcical’ and ‘logically unsustainable.’ The legal dispute centers on a TCN that reportedly demands access to encrypted cloud backups of data held by Apple. While a previous demand involving US and British citizens was dropped following negotiations, a second notice was issued in July specifically targeting Apple's UK customers.

The government maintains that confirming or denying the existence of such orders would pose a significant national security risk, potentially assisting ‘hostile actors’ or criminals in evading detection. However, legal representatives noted that the existence of the TCN has already been widely reported by media outlets and referenced by government officials, making the policy of secrecy an affront to open justice.