According to BBC News, Apple has confirmed it has launched a new legal complaint against the UK government at a court that deals with objections to the use of covert surveillance powers. Apple has not told BBC News what the complaint relates to, but the Financial Times has reported it is another challenge to a Home Office demand for so-called "backdoor" access to highly encrypted Apple user data. The row, which centres on the government's desire to be able to see material protected by an advanced data protection system that currently even Apple itself cannot access, has been rumbling on since early 2025.
The dispute over Advanced Data Protection
Apple withdrew its Advanced Data Protection (ADP) feature from new UK users in February 2025, according to BBC News, after the government request. Since then, UK iPhone users have been met with a notice on the Advanced Data Protection settings page saying the tool cannot be enabled.
ADP is an opt-in feature that allows users to turn on a higher level of protection for data stored in iCloud, such as back-ups, Drive storage, photos and voice memos. It is secured using end-to-end encryption, meaning not even Apple can see its contents. Apple referred reporters to a statement from last year in which it said it was "gravely disappointed" it could still not offer the feature to new UK users. The company added: "As we have said many times before, we have never built a backdoor or master key to any of our products or services and we never will."
Investigatory Powers Act and technical capability notices
The government's requests for access were issued under the Investigatory Powers Act (IPA), according to BBC News. The IPA includes powers allowing the government to issue secret notices, called technical capability notices, which can secretly force companies to provide UK security services with ways to access customer data.
BBC News reported that the government had fought unsuccessfully to keep legal challenges to its first notice to Apple secret. That notice was later withdrawn after angering US politicians, who were concerned it would affect their own citizens' data. The government then issued a new request in October that did not apply to US users.
Government, Apple and privacy groups respond
The UK government said it would not comment on legal proceedings or what it called "operational matters". In a statement reported by BBC News, the government said:
"The UK supports strong encryption and robust privacy protections, but it is also vital that law enforcement can access communications when necessary and proportionate to protect the public from terrorism, serious crime, and child sexual abuse."
Privacy groups that previously campaigned against the secret orders welcomed Apple's new legal complaint. Privacy International said: "We are happy to learn that Apple is once again challenging the UK's regime of secret orders. While we don't know the substance of Apple's claim, if it relates to the previously reported orders aimed at undermining the security of Apple's iCloud storage, then Apple's claim, alongside ours and Liberty's, is crucially important to preserving all of our privacy and security."
Ruth Ehrlich, director of external relations at Liberty, said the case was "hugely important" and has "far-reaching implications for the public's privacy rights well into the future". She described end-to-end encryption as "an essential security tool" that protects personal data including bank details, health information, private conversations and images.
Positions in the dispute
| Stakeholder | Position | Source |
|---|---|---|
| Apple | Says it never built a backdoor or master key; "gravely disappointed" ADP cannot be offered to new UK users | Apple statement via BBC News |
| UK government | Supports strong encryption but says law enforcement access is vital to protect the public | Government statement via BBC News |
| Privacy International | Welcomes Apple's challenge; calls it "crucially important" for privacy and security | Privacy International via BBC News |
| Liberty | Case is "hugely important" with "far-reaching implications" for privacy rights | Ruth Ehrlich via BBC News |
BBC News reported that the government's requests were issued under the Investigatory Powers Act, which includes powers to issue secret technical capability notices that can force companies to provide UK security services with ways to access customer data. The practical effect for UK users of iCloud, according to BBC News, is that new users cannot enable Advanced Data Protection, and Apple has said it cannot offer the feature to new UK users.
Sources:
