UK silence over demand for Apple data access is farcical, lawyer says

A British lawyer for civil rights groups has labeled the government's silence on a demand for Apple data access as "farcical" in a London tribunal. In January 2022, Britain issued a technical capability notice (TCN) requiring a backdoor to access encrypted cloud backups of U.S. and British citizens' data. The demand was later dropped following negotiations with the U.S., but in July 2022, a second TCN was issued specifically for Apple's UK customers.

The issue has been shrouded in secrecy, with the government refusing to confirm or deny the existence of the TCN, citing a policy of "neither confirm nor deny" on security matters. Apple has challenged the order at the Investigatory Powers Tribunal but cannot provide public details due to legal restrictions. Campaign groups, including Privacy International and Liberty, argue that the government's refusal violates human rights and weakens security.

The British government's lawyer, Neil Sheldon, countered that the issue goes beyond the Apple case, stating that relaxing the policy would pose a national security risk and potentially assist hostile actors. Apple has stated that creating a backdoor for one government could be exploited by hackers or hostile states, weakening security for all users.

The IPT will rule on the NCND issue at a later date, while a full hearing on the case itself is expected next year.