UK Court to Hear Landmark Challenge to Apple Encryption Order in 2026
A closely watched legal battle over data privacy and national security will unfold in 2026 as the Investigatory Powers Tribunal (IPT) prepares to hear challenges to a secret order compelling Apple to grant UK law enforcement access to encrypted iCloud data. The case, brought by Apple, Privacy International, Liberty, and individual plaintiffs, raises fundamental questions about the balance between security and individual rights in the digital age.
The IPT ruled on July 23rd to hear the five legal challenges in open court over seven days “at the earliest opportunity” next year. This decision follows a leak to the Washington Post revealing the existence of the order, issued by the Home Office in January, which demands Apple create a mechanism for accessing user data.
Encryption at a Crossroads
At the heart of the dispute is a “technical capability notice” (TCN) that would require Apple to circumvent its own encryption protocols, effectively creating a “backdoor” for British intelligence and law enforcement agencies. WhatsApp CEO Will Cathcart, who submitted evidence to the tribunal in June, warned that such a move would establish a “dangerous precedent for security technologies that protect users around the world.”
The UK government maintains that access to encrypted data is crucial in the fight against terrorism and child abuse. However, technology companies and security experts argue that weakening encryption would inevitably create vulnerabilities exploited by malicious actors, impacting users globally. “There are ways to fight crime without weakening encryption,” one security analyst noted.
US Lawmakers Voice Concerns
The Home Office’s actions have also sparked tensions with US lawmakers, who view the order as potential overreach into the affairs of American tech companies. Both former President Donald Trump and US intelligence chief Tulsi Gabbard have publicly criticized the move. Gabbard specifically cautioned that any attempt to access data belonging to US citizens would constitute a “clear and egregious violation.”
“Neither Confirm Nor Deny” Policy Under Scrutiny
Despite the widespread reporting on the order, the IPT has controversially permitted the Home Office to continue its policy of “neither confirming nor denying” (NCND) its existence. Judges dismissed arguments that the NCND policy itself should be subject to legal challenge, citing concerns about delaying the core case against the Home Office. The court will proceed based on “assumed facts” rather than verified details, allowing for a public hearing without requiring full disclosure of the order’s specifics.
In April, the IPT rejected a Home Office attempt to hold the proceedings entirely in secret, a move that was successfully challenged by a consortium of ten media organizations, including the BBC, The Guardian, and Reuters. This intervention ensured a degree of public transparency in the proceedings.
Privacy Advocates Condemn Secrecy
Caroline Wilson Palow, legal director and general counsel of Privacy International, welcomed the court’s decision to hold largely public hearings but expressed frustration with the government’s continued insistence on the NCND policy. “We are being forced to sustain the fiction that the order does not exist, which may hinder our ability to grapple fully with its legal ramifications,” she stated.
Privacy International also criticized the IPT’s decision to deny WhatsApp the right to intervene and present evidence, arguing that it silenced a key voice in the debate over end-to-end encryption. “There should be no mistake – the fight over the Apple order is ultimately about end-to-end encryption and whether the UK government can dictate if this vital form of digital security should exist for users worldwide,” Wilson Palow emphasized.
Cathcart echoed these concerns, stating, “Liberal democracies should want the best security for their citizens. Instead, the UK is doing the opposite through a secret order.” WhatsApp has pledged to continue opposing any attempts to weaken encryption, even without a direct role in the IPT proceedings.
Apple’s Stance and Prior Action
Apple has consistently maintained its commitment to user privacy and security. In February 2025, the company proactively withdrew its Advanced Data Protection (ADP) service from UK users rather than comply with the Home Office’s order, stating, “We have never built a backdoor or master key to any of our products or services, and we never will.”
The legal challenges are being spearheaded by Privacy International, Liberty, Gus Hosein, executive director of Privacy International, and Ben Wizner, director of the ACLU’s Speech, Privacy and Technology Project, alongside Apple’s independent legal action. The outcome of this case will undoubtedly set a significant precedent for data privacy, encryption, and the relationship between governments and technology companies worldwide.
