RIGHTS GROUPS CHALLENGE GOVERNMENT BID TO WEAKEN ENCRYPTION

The Investigatory Powers Tribunal will today consider how to manage two legal cases brought against the UK Government over reports it has attempted to weaken end to end encryption for Apple users.

The cases, one brought by Liberty and Privacy International and one brought by Apple, centre on the Government’s use of Technical Capability Notices (TCN) – a secretive power under the Investigatory Powers Act the Government can use to make companies change their products to facilitate Government investigations.

It was recently reported the Government has issued Apple with a TCN ordering it to weaken encryption for British Apple users – with Apple responding by launching a legal challenge against the UK’s powers to issue a TCN.

Meanwhile rights groups Liberty and Privacy International, along with two individuals, have brought a legal challenge against the Government’s ability to issue a TCN, arguing the notices:

• Lack sufficient safeguards and transparency
• Compromise the security of data in a way that is unlawful and potentially affects millions of users
• Are a violation of human rights

Today’s case management hearing will consider how both cases are handled by the courts.

Akiko Hart, Liberty director, said:

“This case is about privacy and how we keep our personal data safe. In a digital age end-to-end encryption is vital to give us control over our personal information and freedom to communicate securely.

“Encryption protects the things that matter most to us – including our bank details, health records, family photographs and personal messages. At a time of growing cyber threats, governments should be rising to the challenge to strengthen digital security protections rather than opening the door to hackers and hostile actors.”