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Judge Rejects Secret Hearing in UK-Apple Encryption Case

Graham Turner

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Apple UK privacy case
A judge has ruled that the legal battle between Apple and the UK government over encrypted iCloud data cannot be held entirely in secret, marking a win for civil liberties groups.

A judge has ruled that a legal dispute between the UK government and Apple over data privacy cannot be held entirely in secret, siding with civil liberties groups and media organisations.

The Home Office is seeking access to data protected by Apple’s Advanced Data Protection (ADP) system, invoking powers under the Investigatory Powers Act. ADP, an opt-in security feature, uses end-to-end encryption (E2EE), meaning only the user can access their iCloud data – such as photos and notes – while Apple itself cannot.

The government argues this hinders law enforcement, but Apple refuses to create a “backdoor,” warning it could be exploited by hackers.

The clash prompted Apple to withdraw ADP from the UK in February before launching legal action in March. The case is being heard by the Investigatory Powers Tribunal (IPT), which rejected the Home Office’s request to keep even the “bare details” of the case private.

In a ruling published today, the tribunal emphasised the principle of open justice, noting widespread media coverage of the dispute. “It would have been a truly extraordinary step to conduct a hearing entirely in secret,” the judgment stated, adding that revealing basic case details would not harm national security.

Privacy advocates celebrated the decision. The Open Rights Group, Big Brother Watch, and Index on Censorship had argued against secrecy, stressing the global implications for digital privacy.

Rebecca Vincent of Big Brother Watch warned that breaking encryption “for anyone means it’s broken for everyone.” Jemimah Steinfeld of Index on Censorship welcomed the transparency but noted the broader fight for encryption rights continues.

In a comment given on the organsation’s website, Jim Killock, executive director of Open Rights Group said: “This is bigger than the UK and Apple. The Court’s judgment will have implications for the privacy and security of millions of people around the world.


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“Such an important decision cannot be made behind closed doors and we welcome the IPT’s decision to bring parts of the hearing into the open so that there can be some public scrutiny of the UK government’s decisions to attack technologies that keep us safe online.”

The IPT left open the possibility of future public hearings, though reporting restrictions may apply. The case stems from a UK government order—a Technical Capability Notice—demanding Apple bypass its own encryption, which the tech giant is challenging as a threat to user security.

The outcome could set a precedent for privacy and surveillance laws worldwide.

Graham Turner

Sub Editor

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