The UK government's refusal to confirm or deny whether it has issued orders demanding Apple open encrypted customer data has drawn sharp criticism from lawyers for privacy advocates during a London tribunal hearing.
- UK issued encrypted data access orders for Apple twice since January 2025.
- Government enforces a neither confirm nor deny (NCND) policy on these orders.
- Apple discontinued Advanced Data Protection in the UK over government demands.
What happened
In January 2025, the UK government issued a technical capability notice (TCN) requiring Apple to create a backdoor to access encrypted cloud backups of user data for US and UK citizens. After negotiations with the previous US administration, this initial demand was dropped. However, in July 2026, the UK reissued a similar TCN targeting Apple's UK users alone. Despite legal challenges by Apple and privacy campaigners, the government has refused to confirm or deny the existence of these orders.
Apple responded by removing its Advanced Data Protection feature—designed to secure user data with end-to-end encryption—from UK users starting February 2025. Both Apple and civil rights groups, including Privacy International and Liberty, have pushed back against the UK's silence and the potential weakening of encryption standards. They argue the government's secretive approach prevents open debate on privacy and security implications.
Why it matters
The UK government’s strict NCND policy means it does not acknowledge the existence of specific security orders publicly to protect national security interests. However, lawyers for the civil rights groups have criticized this stance as 'farcical,' highlighting that details about the TCNs have already been leaked to the press and mentioned by US officials. This silence limits transparency and accountability regarding government surveillance powers and its impact on user privacy.
Apple has consistently warned that creating a backdoor for one government could potentially be exploited by hackers or hostile states, thereby compromising security for all customers. The withdrawal of enhanced encryption protections in the UK sets a concerning precedent around the world about state interference in encryption and its effects on technology providers and user trust.
What to watch next
The Investigatory Powers Tribunal (IPT) has scheduled future rulings regarding the UK government’s NCND policy and its implications for legal challenges against the technical capability notices. A full hearing addressing the substance of the Apple case is not expected until next year, leaving this matter unresolved in the public eye for some time.
Technology companies, privacy advocates, and policymakers will closely monitor the tribunal’s decisions because they could shape the future contours of government access to encrypted data in the UK. The outcome could also influence Apple's encryption offerings and whether protections like Advanced Data Protection can be reinstated locally without government-mandated backdoors.