In a hearing today, Apple challenged the UK government’s refusal to publicly confirm whether it has issued an order requiring access to encrypted user data.

Early last year, The Washington Post reported that the British government had secretly ordered Apple to create a security backdoor into all iCloud content uploaded by users worldwide. The order was subject to strict secrecy rules, preventing Apple from publicly confirming or discussing the demand. The UK government maintains a policy of neither confirming nor denying such orders, while companies are restricted from disclosing receipt. As a result, Apple removed the option to enable Advanced Data Protection (ADP) for iCloud users in the UK.

In April 2025, judges rejected the UK government’s attempt to keep basic details of Apple’s legal challenge secret. A few months later, the British government gave up requiring data from American users due to pressure from the White House, but later issued a new notice targeting UK users. Apple launched a second legal challenge after the original worldwide order was replaced.

Today, Apple challenged the UK government’s continued refusal to confirm or deny the new Technical Capability Notice before the Investigatory Powers Tribunal (IPT) in London. Apple’s lawyer argued that the secrecy policy prevents meaningful public discussion and undermines open justice. Ben Jaffey, lawyer for Privacy International and Liberty, called the government’s position “farcical.” The IPT will decide whether the government can continue relying on its “neither confirm nor deny” policy. A full hearing on the underlying notice is unlikely before next year.