Apple’s encrypted data case against the UK government has begun in secret at the Royal Courts of Justice.
The Home Office has demanded the right to access data from Apple users that have turned on Advanced Data Protection (ADP), a tool that prevents anyone other than the user – including the tech giant – from reading their files.
Apple says it is important for privacy – but the UK government says it needs to be able access data if there is a national security risk.
The BBC – along with civil liberties groups and some US politicians – argue the case should be heard in public.
But Friday’s session of the Investigatory Powers Tribunal – which is hearing the matter – was held behind closed doors.
It is not clear whether later phases of the case will be opened to the public – the BBC has submitted a written argument that it should be.
As well as the BBC, journalists from the Guardian, the Telegraph, PA, Bloomberg, and Computer Weekly attended the Royal Courts of Justice but were not admitted into the court room.
Sir James Eadie KC, who previously represented the government in significant cases such as Shamima Begum’s citizenship appeal, was seen entering the hearing.
On Thursday, five US politicians from across the political divide urged the court to remove what they call the “cloak of secrecy” surrounding the row – which they say has major security implications.
A group of civil liberties groups made a similar plea, saying barring the media would be an “affront to the global privacy and security issues that are being discussed.”
The case is about balancing national security against privacy rights.
ADP is end to end encrypted, meaning no-one can access files that have been secured with it apart from their owner.
Other end to end encrypted services in the UK include Signal, Meta’s WhatsApp, and Apple’s iMessage.
In February, it emerged the UK government was seeking the right to be able to access data protected in this way using powers granted to it under the Investigatory Powers Act.
The Act allows it to compel firms to provide information to law enforcement agencies.
Apple responded by pulling ADP in the UK and then launching legal action to challenge the government’s demand.
Apple says agreeing to what the UK is asking for it would require the creation of a so-called backdoor, a capability critics say would eventually be exploited by hackers.
“As we have said many times before, we have never built a backdoor or master key to any of our products or services and we never will,” Apple says on its website.
The Home Office has previously told the BBC: “The UK has a longstanding position of protecting our citizens from the very worst crimes, such as child sex abuse and terrorism, at the same time as protecting people’s privacy.
“The UK has robust safeguards and independent oversight to protect privacy and privacy is only impacted on an exceptional basis, in relation to the most serious crimes and only when it is necessary and proportionate to do so.”
