“WhatsApp is refused right to intervene in Apple legal action on encryption ‘backdoors’”, 23 July 2025

A court is to hear legal challenges against a secret order issued by the Home Office that requires Apple to give British law enforcement and intelligence agencies the ability to access users’ encrypted data stored on iCloud in a public hearing in 2026.

The Investigatory Powers Tribunal (IPT) ruled on 23 July that it would hear five legal challenges, brought by Apple, Privacy International, Liberty and two individuals, in open court over seven days at the “earliest opportunity” next year.

The court refused to allow encrypted messaging service WhatsApp the right to intervene…

The Home Office argues that it needs the capability to access encrypted data stored by Apple users anywhere in the world on its iCloud service to fight terrorism and child abuse…

The Home Office’s decision to issue a TCN against Apple in January has raised tensions between US lawmakers and the UK government over what the US sees as unwelcome interference in US “big tech” companies…

Although the existence of the order became public knowledge when it was leaked to the Washington Post, the IPT found that the Home Office should be allowed to continue its policy of “neither confirming nor denying” (NCND) the existence of the order against Apple…

The court will proceed based on “assumed facts” rather than “actual facts”. This will enable the hearing to be held in public without requiring the Home Office or Apple to disclose details of the order, which could only be heard in a private court session.

In April, the IPT dismissed attempts by the Home Office to require all legal arguments to be heard in a secret “closed” court…

Apple withdrew its Advanced Data Protection (ADP) service from UK users in February 2025, rather than comply with the Home Office’s order…