A landmark ruling upholds the principle of open justice by rejecting the Home Office’s bid to keep details of its legal clash with Apple over encrypted data hidden from public view.
A UK tribunal has declared that the legal proceedings between the Home Office and Apple—concerning access to information secured by Apple’s Advanced Data Protection (ADP) system—cannot be conducted in secret. The dispute arose when the government sought to gain access to data that, according to Apple, can only be decrypted by its users. This move, made under the Investigatory Powers Act, has met fierce resistance from privacy campaigners and has raised concerns over future data security.
Apple insists that it has never created a backdoor into its encrypted system and argues that permitting such access would expose millions of users to heightened risks from hackers and criminals. In response to these concerns, Apple withdrew its ADP system from the UK last February and launched legal action against the government in March.
The tribunal’s decision, published on Monday morning, cited extensive media coverage and the legal tradition of open justice. “It would be highly unusual to conduct a hearing entirely in secret, especially given the public and international interest this case has generated,” the tribunal stated. The court found that making the “bare details” of the case public would not endanger national security or compromise ongoing investigations.
A spokesperson for the Home Office reiterated that its priority is to protect public safety. The department clarified that it is not seeking blanket access to all data, emphasizing that any request to view individual accounts would require a warrant approved by the courts.
Civil and digital rights organisations have welcomed the ruling. Jim Killock, Executive Director of Open Rights Group, remarked, “This judgment is vital—it confirms that decisions affecting the privacy and security of billions of people must be conducted transparently.” Privacy International echoed these sentiments, stressing that executive actions influencing global data protection must remain subject to public legal scrutiny.
Apple, meanwhile, reaffirmed its commitment to safeguarding user information and maintaining industry-leading security standards, reiterating that it will never compromise its encryption protocols.
The ADP system employs end-to-end encryption (E2EE) to secure data on devices such as iPhones as well as on messaging platforms like WhatsApp and Signal, ensuring that only users possess the necessary decryption keys. While this robust security is beneficial to individual privacy, it poses significant challenges for law enforcement authorities seeking access to protected data.
The ruling not only highlights the complexities at the intersection of national security and digital privacy but also sets a precedent for how similar disputes might be handled in the future.
