Apple has filed a fresh legal challenge against the UK government’s renewed demand for access to customers’ encrypted data, nearly a year after the Home Office withdrew a similar request.
The iPhone maker lodged the case last month before the Investigatory Powers Tribunal, an independent judicial body that examines complaints over the lawfulness of actions taken by UK intelligence agencies.
The challenge follows a new order from the UK government requiring Apple to provide a means of accessing highly encrypted iCloud data belonging to users in Britain.
The latest demand comes after the UK abandoned an earlier attempt to compel Apple to create a “back door” into encrypted data for both British and American users, following a dispute with the United States over encryption and privacy.
Unlike the previous request, the new Technical Capability Notice is limited to UK users and does not extend to customers in the United States.
Apple is challenging the UK government’s authority to issue Technical Capability Notices (TCNs) under the country’s Investigatory Powers Act, according to details of the new legal case first reported by the Financial Times.
The law requires technology companies to assist law enforcement agencies investigating serious crimes such as terrorism and child sexual abuse. It also gives the government the power to compel firms to provide access to customer data, including information protected by end-to-end encryption.
As part of the proceedings, the Investigatory Powers Tribunal notified the human rights organisation Privacy International of Apple’s complaint.
The group, together with civil liberties organisation Liberty, had previously filed a separate legal challenge against the use of TCNs.
The campaign groups have asked the tribunal to hear Apple’s case in public, arguing that it is a matter of significant public interest.
They have also challenged the legality, necessity and secrecy of the notice issued to Apple, as well as the broader legal framework governing Technical Capability Notices.
