Apple Ordered To Give Access To Users' Encrypted Data

British law enforcement agencies have demanded access to encrypted data stored by Apple users in its global cloud service. In particular, Apple has been asked to create a back door to encrypted data.

Apple has long promoted itself as a privacy leader, promising to protect their users' data from third-party access and, ss a consequence of this development, Phone, iPad and Mac users might be wondering what this development means for them.

Right now, only the Apple account holder can access their cloud-stored data. Its standard terms say “Apple Intelligence is the personal intelligence system that helps you write, express yourself and get things done effortlessly. With groundbreaking privacy protections, it gives you peace of mind that no one else can access your data, not even Apple.” However, the  demand from the British government Home Office, which has been made under the Investigatory Powers Act (IPA), insists Apple is obliged to provide  information requested.

The Investigatory Powers Act applies worldwide to any tech firm with a UK market, even if they are not located in Britain.

The demand applies to all content stored using what Apple calls "Advanced Data Protection" (ADP), which uses end-to-end encryption, where only the account holder can access the data stored, although this is an  opt-in service, which not all users choose choose to activate. his is because, while it makes your data more secure, it comes with a downside, it encrypts your data so heavily that it cannot be recovered if you lose access to your account.

The number of Apple users who choose to use ADP  is unknown and withdrawing the ADP from UK users might not be enough to ensure compliance. Apple has previously said it would withdraw encryption services like ADP from the UK market rather than comply with such government demands, telling the UK Parliament it would "never build a back door" in its products.

It is thought that the British government wants to access this data because of a risk to national security. It is required to follow a legal process and  have a good reason and request permission for a specific account in order to access data, just as they do with unencrypted data. It's also important to note that the government notice does not mean British government authorities are going to indiscriminately investigate  Apple users's data.

To date, no Western government has been successful in attempts to force big tech firms like Apple to break their encryption. Indeed, the US government has previously asked for this, but Apple refused. 

In 2016, Apple argued against a court order to write software which would allow US officials to access the iPhone of a gunman in a deadly massacre in San Bernardino, California. though this was resolved after the FBI were able to successfully access the device. Also in 2016, the US government dropped a similar action after it was able to gain access by discovering the person's passcode.

Similar cases have followed, including in 2020, when Apple would not unlock iPhones of a man who carried out a mass shooting at a US air base. The FBI later said it had been able to "gain access" to the phones.

Apple can appeal against the government's demand but cannot delay implementing the ruling during the process even if it is eventually overturned, according to the legislation. The government argues that encryption enables criminals to hide more easily, and the FBI in the US has also been critical of the ADP tool.

  • The renowned cyber security expert from Surrey University, Professor Alan Woodward, said he was "stunned" by the news, and privacy campaigners Big Brother Watch described the reports as "troubling".  
  • The  UK-based charity that defends and promotes the right to privacy, Privacy International, called it an "unprecedented attack" on the private data of individuals. "This misguided attempt at tackling crime and terrorism will not make the UK safer, but it will erode the fundamental rights and civil liberties of the entire population," the group said in a statement.
  • In contrast, UK children's charity the NSPCC has previously described encryption as being on the front line of child abuse because it enables abusers to share hidden content. 

Apple maintains that privacy for its customers is at the heart of all its products and services. In 2024 the company contested proposed changes to the Investigatory Powers Act, calling it an "unprecedented over-reach" of a government. These changes also included giving the UK government the power to veto new security measures before they were implemented, and these measures were passed into law.

Apple   |     Apple   |   BBC   |   Guardian   |    Washington Post  |    Reuters   |   USA Today

Image: Ideogram

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