Media denied entry to tribunal thought to be about Apple and Government data row

The media has been barred from attending a tribunal hearing which was reportedly part of Apple’s legal action against the Government.

On Friday, the Investigatory Powers Tribunal, a specialist tribunal which deals with allegations of unlawful intrusion and complaints against the security services, sat in private for an all-day hearing.

The BBC previously reported that the hearing related to legal action brought by Apple against the UK Government over a request to access data covered by Apple’s Advanced Data Protection (ADP).

The ADP is an opt-in tool on Apple’s iCloud service which meant only an account holder could access the “majority” of file types such as photos or notes, as they were end-to-end encrypted – meaning even Apple cannot access them.

Last month it was reported that the Government had issued an order under the Investigatory Powers Act 2016, asking for the ability to access this data from Apple users.

The iPhone maker subsequently said that it was withdrawing the tool from use in the UK, turning it off as an option for those not already using it, and will introduce a process to move existing users away from it.

“We have never built a backdoor or master key to any of our products or services and we never will,” an Apple spokesperson said.

Multiple media organisations, including the PA news agency, asked the Investigatory Powers Tribunal to confirm who was taking part in Friday’s hearing, and for the hearing to sit in public.

However, neither journalists nor legal representatives on behalf of the media were allowed in to Friday’s hearing, and the identities of the parties involved were not disclosed.

Several organisations, including Liberty and Privacy International, had also challenged the tribunal sitting behind closed doors.

In a letter to the tribunal, Big Brother Watch, Index on Censorship and Open Rights Group said: “This case implicates the privacy rights of millions of British citizens who use Apple’s technology, as well as Apple’s international users.

“There is significant public interest in knowing when and on what basis the UK Government believes that it can compel a private company to undermine the privacy and security of its customers. There are no good reasons to keep this hearing entirely private.”

And ahead of the hearing, Open Rights Group executive director Jim Killock said that having the hearing in secret “would be an affront to the global privacy and security issues that are being discussed”

Mr Killock continued: “This is bigger than just the UK, or Apple. But most importantly, if the UK wants to claim the right to make all of Apple’s users more likely to be hacked and blackmailed, then they should argue for that in an open court.”