The case of Apple Inc. and the Secretary of State for the Home Department has reached another junction in the road.
In February 2025, Apple announced that iCloud backups for UK new users will no longer be able to use Advanced Data Protection. Existing users who had already enabled the feature will eventually be prompted to disable it. Apple’s actions are in response to the UK government issuing Apple Inc. with a Technical Capability Notice (TCN). The TCN, issued under the Investigatory Powers Act 2016, is a secret order that companies must comply with, but cannot publicly disclose.
It is believed the leak to the press, regarding Apple Inc.’s TCN, originated with The Washington Post. The secrecy, combined with the significant implications of the order, sparked public scrutiny and media attention. Apple appealed the TCN with the Investigatory Powers Tribunal (IPT), which was heard on 14 March 2025, and the IPT findings were published on 7 April 2025. The judgment is private to both parties, however the IPT have released a public judgment that summarises some of the fuller judgment.
In response to the request that future hearings be held in private, the IPT has ruled, “this is not such a case” and “It may well be possible for some or all future hearings to incorporate a public element, with or without reporting restrictions.”
The court had not yet decided whether the Home Office’s TCN against Apple is legitimate.
