A judge has sided with a coalition of civil liberties groups and news organisations – including the BBC – and ruled a legal row between the UK government and Apple over data privacy cannot be held in secret.
The Home Office wants the right to access information secured by Apple’s Advanced Data Protection (ADP) system, citing powers given to it under the Investigatory Powers Act. At the moment Apple has no such capability – such data can only be accessed by the user – and says it does not want to create what it calls a “backdoor” into ADP because of concerns it would eventually be exploited by hackers and criminals.
The government’s request prompted fierce criticism from privacy campaigners and some US politicians.
In February, Apple pulled ADP from the UK and in March it launched legal proceedings against the government, in a case which is being heard by the Investigatory Powers Tribunal.
The tribunal rejected the government’s request to hold the hearing in secret, due to the extensive media reporting of the row and highlighting the legal principle of open justice.
“Civil and digital rights organisations in the UK, which criticised the Home Office request, have welcomed Monday’s ruling. They, along with news organisations – including the BBC – made legal representations for the case to be heard in public.”
The court’s judgment will have implications for the privacy and security of millions of people around the world.
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