---

Britain tried to keep Apple case secret

Britain’s Investigatory Powers Tribunal has rejected a bid by the British government to prevent disclosure of a row between it and Apple.  

In February, Apple removed its highest-level data-security tool from British customers, after Britain demanded the ability to access Apple users’ encrypted data if necessary. 

In then launched legal proceedings against the British government with the tribunal, an independent judicial body that provides a right of redress to anyone who believes they have been the victim of unlawful action by a public authority using covert investigative techniques. 

‘Extraordinary step’ 

In a judgment today (7 April), the tribunal revealed that the British government did not want the hearing to be listed on the judicial body’s website, arguing that it would have been damaging to national security. 

The judges said that it would have been “a truly extraordinary step” to conduct a hearing entirely in secret, without any public revelation of the fact that a hearing was taking place. 

“That would be the most fundamental interference with the principle of open justice,” they added.  

A notice was displayed on the tribunal’s website, listing the case number and the judges, but not the names of the parties. 

‘Extensive’ reporting 

The tribunal also rejected arguments by the British government that revealing the bare details of the case would be prejudicial to national security. 

The judges noted that there had been “extensive media reporting” on the dispute. 

Resonding to applications by media organisations, they said that they could not rule at this stage on whether there would be a public element to future hearings in the case.