Apple to appeal against UK government data demand at secret high court hearing

Apple’s appeal against a UK government demand to access its customers’ highly encrypted data will be the subject of a secret high court hearing, the Guardian understands.

The appeal on Friday will be considered by the investigatory powers tribunal, an independent court that has the power to investigate claims that the UK intelligence services have acted unlawfully.

It is against an order served by the Home Office in February under the Investigatory Powers Act, which compels companies to provide information to law enforcement agencies.

The Home Office asked for the right to see users’ encrypted data in the event of a national security risk. Currently, not even Apple can access data and documents protected by its advanced data protection (ADP) programme.

ADP allows users with iCloud accounts and storage to secure photos, notes, voice memos and other data with end-to-end encryption, meaning only the user can access it. Messaging services such as iMessage and FaceTime would remain end-to-end encrypted by default.

Apple said the removal of the tool would make users more vulnerable to data breaches from bad actors and other threats to customer privacy. Creating a “back door” would also mean all data was accessible by Apple, which it could be forced to share with law enforcement possessing a warrant.

Last week, Computer Weekly reported that Apple was intending to appeal against the secret order.

The tribunal has taken the unusual step of publishing a notification of a closed-door hearing before its president, Lord Rabinder Singh, on the afternoon of 14 March.

The tribunal listing does not mention either Apple or the government, nor has the tribunal confirmed if they are the parties involved.

The hearing is due to be held in private because it relates to the security services, but a media campaign led by Computer Weekly argued that the hearing should be held in open court since the case is a matter of public interest and the appeal has already been leaked.

Representatives from news organisations including the Guardian, as well as some civil society groups, are supporting Computer Weekly in its petition.

In a statement issued in February, Apple said it was “gravely disappointed” it was forced to take the decision to stop offering advanced data protection in the UK, “given the continuing rise of data breaches and other threats to customer privacy”.

A spokesperson said: “Enhancing the security of cloud storage with end-to-end encryption is more urgent than ever before. Apple remains committed to offering our users the highest level of security for their personal data and are hopeful that we will be able to do so in the future in the United Kingdom.