Apple has launched a new legal challenge against a UK government demand to access its customers' highly encrypted data, a year after the Home Office agreed to abandon its previous request. The complaint was filed last month at the Investigatory Powers Tribunal (IPT), an independent court with the authority to investigate claims that UK intelligence services have acted unlawfully.
Second request for back door access
The UK government made a second request to Apple to grant a "back door" to encrypted iCloud data belonging to British users, according to an order issued by the court. Britain had previously backed down on its original demand for access to data from UK and US customers, following a heated transatlantic dispute over encryption between London and Washington. UK authorities subsequently issued a new "technical capability notice" (TCN) to Apple that did not apply to American users.
Legal grounds for challenge
Apple is seeking to challenge the British government's powers to issue TCNs under the UK Investigatory Powers Act, according to details of the new legal case first reported by the Financial Times. The legislation compels companies to provide information to law enforcement agencies working on cases including terrorism and child sexual abuse. This can include forcing companies to provide the UK security services with access to customer data, even if such information is protected by secure encryption.
Parallel complaints and public interest
The court sent an order giving notice of the new Apple complaint to the human rights group Privacy International, which, alongside fellow campaigner Liberty, had previously launched a separate complaint against TCNs at the IPT. Among the submissions made by the campaigners were requests for Apple's claims to be held in public given the public interest in the matter, and a complaint "disputing the lawfulness, necessity and secrecy of the purported Apple TCN and the legal regime underpinning TCNs in general".
Upcoming hearing and reactions
A case management hearing to discuss how the parallel complaints should be handled had been scheduled for next month, Privacy International said. A spokesperson added: "We are happy to learn that Apple is once again challenging the UK's regime of secret orders. While we don't know the substance of Apple's claim, if it relates to the previously reported orders aimed at undermining the security of Apple's iCloud storage, then Apple's claim, alongside ours and Liberty's, is crucially important to preserving all of our privacy and security."
Background and implications
The original TCN issued last year asked Apple for the right to see users' encrypted data protected by its advanced data protection (ADP) programme in the event of a national security risk. Apple said the removal of the tool – which not even it can access – 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. As a result, Apple withdrew UK customers' access to its ADP programme in January 2025.
The Home Office has maintained that the Investigatory Powers Act, under which such orders are issued, contains robust safeguards and is used only when absolutely necessary. Neither Apple nor the Home Office responded to requests for comment, as both are legally restricted from discussing TCNs.
