Apple urges UK court to end secrecy over encryption order

Apple ↗ 5.31% appeared before the UK's Investigatory Powers Tribunal on Thursday, challenging the British government's refusal to publicly confirm or deny whether it has issued an order requiring the company to provide access to encrypted user data.

At the hearing in London, lawyers for Apple and for civil liberties groups Privacy International and Liberty argued that the government's longstanding "neither confirm nor deny" stance has become untenable. Ben Jaffey, representing the campaign groups, told the tribunal that the government's position had "become farcical," noting that "the horse has long bolted" given how widely the order's existence has been reported.9to5mac

A Long-Running Dispute

The case traces back to early 2025, when The Washington Post first reported that the UK had secretly ordered Apple to create a backdoor into all iCloud content uploaded by users worldwide. The order, known as a Technical Capability Notice issued under the Investigatory Powers Act, was itself subject to strict secrecy rules preventing even Apple from acknowledging it.eff+1

Rather than comply, Apple removed its Advanced Data Protection feature for UK users in February 2025, stripping end-to-end encryption from iCloud backups, photos, notes, and other data categories for British customers. "We have never built a backdoor or master key to any of our products or services and we never will," Apple said at the time.apple

After pressure from Washington, the UK dropped its original worldwide demand but quietly issued a narrower order targeting only British users in October 2025. Apple filed a fresh legal complaint with the tribunal in July 2026, setting up Thursday's hearing.courthousenews+2

The Secrecy Fight

Thursday's proceedings focused narrowly on whether the government can continue hiding behind its "neither confirm nor deny" policy. Apple's lawyer argued that the policy prevents meaningful public discussion and undermines the principle of open justice. U.S. politicians and officials have publicly referenced the original notice, and unnamed UK government sources have confirmed it to journalists, the lawyers noted.9to5mac

This is not the first time the secrecy question has come before the tribunal. In April 2025, judges rejected the government's attempt to keep even the existence of Apple's legal challenge secret, ruling that disclosure would not harm national security.iclg+1

What Comes Next

The tribunal will now decide whether the government can maintain its silence. According to Reuters, a full hearing on the legality of the underlying Technical Capability Notice is unlikely before next year. In the meantime, Advanced Data Protection remains unavailable to UK users, a situation Apple has said it is "gravely disappointed" about.idahostatesman+2