UK court blocks government’s attempt to keep Apple data case secret

The UK Investigatory Powers Tribunal has blocked the British government’s attempt to conceal a lawsuit over its demand to access user data from Apple Inc.

According to the ruling issued on Monday, the special court that handles cases related to government surveillance said the authorities’ efforts were a “fundamental interference with the principle of open justice.

Notably, Apple and governments have frequently clashed over encryption features that can make it hard for law enforcement to access Apple devices. 

Last year, the company criticized the UK government’s surveillance powers as an “unprecedented overreach.”

The government’s attempt to keep the public in the dark about the demand and Apple’s resistance failed to produce results

In a ruling published recently, the U.K. Investigatory Powers Tribunal, a special court that hears government surveillance cases, found that the authorities had engaged in an action they referred to as “fundamental interference with the principle of open justice.”

This came after it was revealed in January that Apple had received a demand from the British government to build a backdoor into the encryption the company uses to secure user data sent to and in the cloud so that the government could access the user data.

However, Apple refused to comply with the request and removed its advanced data protection feature from its British users. As a result, the government attempted to prevent the public from knowing about the demand and Apple’s opposition.

In a previous statement, Apple expressed its “deep disappointment” at discontinuing its advanced data protection feature for UK customers.

A representative of Apple and the UK Home Office did not immediately respond to a request for comment.

UK judiciary declared their intention to pursue their complaint

For the first time, two judges on the Tribunal, Lord Justice Rabinder Singh and Justice Jeremy Johnson, recognized the case existed. A hearing held entirely behind closed doors, without anyone outside the process being informed that such a session was taking place, would have been “a truly extraordinary step,” they wrote in their letter.

Apart from Apple, several human rights and media organizations have also challenged the government’s demand of Apple, which the Tribunal stated it would examine separately. In addition, the judges highlighted in a statement that it was possible that some or all of the hearings in the future would include a public component.

Moreover, in a statement, Ioannis Kouvakas, senior legal officer and assistant general counsel for Privacy International, said that executive decisions impacting the entrenched security and privacy of billions of people worldwide should be challenged in court as transparently as possible. Additionally, he said they are going to proceed with their complaint.

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