Apple to Challenge UK Government Data Access Order in Secret High Court Hearing

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Apple is set to challenge a UK government order demanding access to its customers’ encrypted data in a secret high court hearing, The Guardian understands.

The appeal, scheduled for Friday, will be reviewed by the Investigatory Powers Tribunal, an independent body that investigates allegations of unlawful actions by UK intelligence services.

The challenge is against a February order issued by the Home Office under the Investigatory Powers Act, which compels companies to provide information to law enforcement agencies. The government has sought access to encrypted user data in cases of national security threats. However, Apple’s Advanced Data Protection (ADP) programme ensures that even the company cannot access data stored in iCloud, including photos, notes, and voice memos.

Apple has argued that weakening encryption would make users more vulnerable to cyber threats and data breaches. The company insists it has never created a “backdoor” for its products and will not do so, warning that such measures could compromise user privacy.

Last week, Computer Weekly reported Apple’s intention to appeal the secret order. The tribunal, in an unusual move, publicly listed the closed-door hearing, scheduled for the afternoon of March 14 before its president, Lord Rabinder Singh. However, the listing does not name Apple or the government, and the tribunal has not confirmed the parties involved.

While the hearing is set to be private due to national security concerns, a media campaign led by Computer Weekly argues it should be held in open court, citing public interest. Several news organisations are supporting the petition for transparency.

Apple previously stated it was “gravely disappointed” to halt ADP in the UK, citing the increasing risks of data breaches and privacy threats. A spokesperson reaffirmed Apple’s commitment to end-to-end encryption and user security, expressing hope that it could reinstate the service in the UK.

Both Apple and the Home Office declined to comment on the upcoming hearing. The Guardian has approached the tribunal for further details.

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