UK challenges demand for Apple data access — Channel NewsAsia
In London, a lawyer for human rights organizations called it absurd that the UK government refused to confirm or deny the existence of a demand to Apple for access to users’ encrypted data. The Investigatory Powers Tribunal considered the matter on September 17.
Channel NewsAsia reports on the hearing, citing Reuters. It concerns a technical capability notice that could require the company to create a so-called backdoor to access encrypted cloud data backups.
Human rights advocates’ arguments
According to the agency, in January last year British authorities issued a demand for access to encrypted cloud data backups of US and UK citizens. It was withdrawn after several months of negotiations with the administration of US President Donald Trump.
In July, the United Kingdom, Reuters reported, issued a second notice that concerned only British Apple users. At the same time, the government says it does not comment on the existence of individual such notices, following a policy of neither confirming nor denying information on security matters.
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Lawyer Ben Jaffey, representing Privacy International and Liberty, said the government’s position had “become absurd.” According to him, US politicians and officials had already publicly mentioned the first demand, while unnamed sources in the British government had confirmed it to the press.
Positions of the government and Apple
Lawyers for Apple and human rights groups said the government’s policy hinders open justice and meaningful public discussion. UK government representative Neil Sheldon objected that abandoning this policy would create national security risks, as it could help hostile actors determine which operators receive such demands.
Apple is challenging the authorities’ actions before the tribunal but cannot publicly disclose details of the case because of legal restrictions. The company says it has no access to the encrypted data of users of the Advanced Data Protection feature on iPhone and Mac, and that an access mechanism for one government could be used by hackers or hostile states.
After the British demands, Apple stopped providing Advanced Data Protection to users in the United Kingdom in February last year, saying it would not create a backdoor. The tribunal will issue a separate decision on the government’s policy later, while a full hearing in the case is unlikely to take place before next year.
