Apple vs Home Office encryption court battle must be held in public, say MPs

Any court showdown between Apple and the Home Office over customer data must be held in public, MPs have demanded.

It comes after the tech giant announced last month that it would no longer offer UK customers its most advanced, end-to-end security encryption feature for cloud data storage following a row with the government.

The dispute was sparked when ministers reportedly decided to issue Apple with a Technical Capability Notice (TCN) demanding the right to see the user data.

Legally, neither of the parties can publicly confirm the existence of the order.

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However, ComputerWeekly and others have reported that Apple has launched an appeal against the TCN, with an initial hearing set to be heard on Friday before the Investigatory Powers Tribunal at the High Court in London.

A court listing document shows a behind-closed-doors application is due to be held before Lord Justice Singh and Mr Justice Johnson.

Veteran Tory MP and civil rights campaigner Sir David Davis told Sky News: “If the Home Office wants to have effectively unfettered access to the private data of the (innocent) general public, they should explain their case in front of the public.”

Also speaking to Sky News, Liberal Democrat technology spokesperson Victoria Collins said: “The move by the government endangers people here in the UK and sets a dangerous precedent for authoritarian regimes across the globe…

“I’m proud to add my name to the call for the hearing on this crucial issue to be open to the public. People deserve to know what’s happening to their private personal information.”

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Reform UK chief whip Lee Anderson said: “If the government wishes to pry on its people, they can make that claim in public. This now puts the security and privacy of the British people at risk.

“The government should have as little involvement in our personal lives as possible. Not in our tweets, not in our text messages, and certainly not with full access to our phones.”

Prior to its removal in the UK, Apple‘s Advanced Data Protection service allowed users the ability to encrypt their data in such a way that no one, not even the tech company, would be able to access it.

Critics fear the use of end-to-end encryption – where third-party access is impossible – could help criminals like paedophiles hide their activity from authorities.

However, providing access to encrypted data, whether to a government or a company, provides potential pathways for third parties such as hackers to access information.

Successive governments have said they want to restrict the use of the function.

Apple has never commented on the TCN, but said in a previous statement: “Enhancing the security of cloud storage with end-to-end encryption is more urgent than ever before.

“Apple remains committed to offering our users the highest level of security for their personal data and are hopeful that we will be able to do so in the future in the United Kingdom.

“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.”

The Home Office declined to comment.

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