UK backs down in Apple privacy row, US says

Zoe Kleinman

Technology editor•@zsk

The US director of national intelligence says the UK has withdrawn its controversial demand to access global Apple users’ data if required.

Tulsi Gabbard said in a post on X the UK had agreed to drop its instruction for the tech giant to provide a “back door” which would have “enabled access to the protected encrypted data of American citizens and encroached on our civil liberties”.

The BBC understands Apple has not yet received any formal communication from either the US or UK governments.

“We do not comment on operational matters, including confirming or denying the existence of such notices,” a UK government spokesperson said.

“We have long had joint security and intelligence arrangements with the US to tackle the most serious threats such as terrorism and child sexual abuse, including the role played by fast-moving technology in enabling those threats.

In December, the UK issued Apple with a formal notice demanding the right to access encrypted data from its users worldwide.

However Apple itself cannot view the data of customers who have activated its toughest security tool, Advanced Data Protection (ADP), which prevents anyone other than the user from reading their files.

In order to do so, it would have had to break its own encryption methods.

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

Instead, Apple responded by withdrawing ADP from the UK market, and started a legal process to challenge the order. This was due to be heard at a tribunal in early 2026.

It is not yet clear whether that will continue to go ahead.

Because of the secrecy surrounding the government order, issued under the Investigatory Powers Act, it is not known whether other tech companies have also received a demand.

The messaging platform WhatsApp, used by millions of Brits, says so far it has not.

The notice, which neither Apple nor the Home Office has ever confirmed, enraged privacy campaigners, who are now cautiously optimistic about the news.

“If true, this decision is hugely welcome,” said Sam Grant from civil rights group Liberty, which along with Privacy International previously launched separate legal action against the UK government.

He told the BBC the creation of a back door to citizens’ private data would be a “reckless and potentially unlawful move from the government”.

“This would present a huge threat to our personal and national security, especially as we know it’d leave politicians, campaigners and minority groups especially at risk of being targeted,” he said.

“As long as this power exists within the Investigatory Powers Act, it remains a risk that any future government might also try to use it to create a back door into other end-to-end encrypted services we all use.”

Jim Killock, executive director of the Open Rights Group, voiced similar concerns.

“The UK’s powers to attack encryption are still on the law books, and pose a serious risk to user security and protection against criminal abuse of our data,” he said.

Democrat Senator Ron Wydens said if the climbdown by the UK was true, then “that’s a win for everyone who values secure communications”.

“However, the details of any agreement are extremely important,” he added.

There is already a legal agreement between the US and UK governments – the Data Access Agreement – which allows both countries to share data for law enforcement purposes.

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