Liberty responds to Apple’s new legal challenge against UK Government’s secret access orders

The Investigatory Powers Tribunal has sent Liberty and Privacy International an order giving notice of a second Apple complaint against the UK Government, challenging the Home Secretary’s powers to issue a Technical Capability Notice (TCNs).

TCNs are secret orders issued by the Home Office under the Investigatory Powers Act (IPA) compelling a company to make changes to their services so that the UK can use its investigatory powers. For example, allowing the Government to demand a ‘backdoor’ to people’s encrypted data – including bank details, health records, photos and private conversations.

Last year, it was reported that Apple were being ordered to provide intelligence services and law enforcement with the capability to access encrypted data of Apple users worldwide. Liberty and Privacy International brought legal action alongside Apple challenging the lawfulness of the TCN regime. However, in October last year, Apple’s first challenge was dismissed.

Given this second challenge by Apple, a case management hearing to consider how the claims will be managed has been scheduled for next month.

In response, Ruth Ehrlich, Director of External Relations at Liberty, said:

“This is a hugely important case that will have far-reaching implications for the public’s privacy rights well into the future.

End-to-end encryption is an essential security tool that protects our personal data, including our bank details, health information, private conversations and images.

Opening a backdoor to all of that information carries a wide range of risks to our personal data. It is critical that the Government listens to the many concerns and commits to protecting our privacy rights .”