Court documents shed new light on UK-Apple row over user data
1 hour ago Share Save Graham Fraser Technology Reporter Share Save
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The UK government may have wanted to force Apple to provide it with access to more customer data than previously thought, a court document has indicated. A row erupted between the two after it emerged the Home Office asked the tech giant for the right access to highly encrypted user data stored via a service called Advanced Data Protection (ADP). Now a court document suggests the request - made under legislation called the Investigatory Powers Act - could have also enabled the government to seek access to a wider range of Apple customer data. It also suggests the government may still be seeking to access data of non-UK users, despite US officials saying last week it had dropped the demand.
The UK government and Apple have been approached for comment. It is believed the UK government would only want to access this data if there was a risk to national security. In February, it emerged the government had demanded to be able to access encrypted data stored by Apple users worldwide in its cloud service. It applied to all content stored using ADP service. The tech uses end-to-end encryption, where only the account holder can access the data stored - even Apple itself cannot see it. It was an opt-in service, and not all users choose to activate it. While it makes your data more secure, it comes with a downside - it encrypts your data so heavily that it cannot be recovered if you lose access to your account. It is unknown how many people choose to use ADP.
'Back door'
After US politicians and privacy campaigners outlined their anger at the move, Apple decided to pull ADP from customers in the UK. Now, a new court document has emerged from the Investigatory Powers Tribunal (IPT), an independent judicial body. The IPT hears complaints from anyone who feels they have been the victim of unlawful action by a public body using covert investigative techniques. It could also relate to the conduct of UK intelligence services including MI5 and MI6. In this latest court filing, first reported by the Financial Times, it states Apple was given a technical capability notice (TCN) by the UK government at some point between late 2024 and early 2025. It states the notice "applies to (although is not limited to) data covered by" ADP - it was previously understood the government's demand was exclusively focused on data stored using the encryption technology. The TCN to Apple also included "obligations to provide and maintain a capability to disclose categories of data stored within a cloud based backup service and to remove electronic protection which is applied to the data where that is reasonably practicable".