A UK court has rejected the government’s bid to keep details of its data privacy row with Apple under wraps, citing concerns about open justice and public interest.
The UK government‘s bid to keep the details of its data privacy legal row with Apple under wraps has been rejected by a court.
The ruling comes after the ‘bare details’ of the case secret, citing concerns about national security and public interest.
Background to the Row
Apple UK’s Advanced Data Protection (ADP) system is designed to protect user data from unauthorized access. However, the government wants to access this information, citing powers under the Investigatory Powers Act. The request prompted fierce criticism from privacy campaigners and some US politicians, who argued that such secrecy would undermine trust in the law.
Why Secrecy Was Challenged
In February, ‘we pulled ADP from the UK, and launched legal proceedings against the government.’
The government’s argument was that revealing the details of the case could damage national security. However, the Investigatory Powers Tribunal rejected this claim, citing the extensive media reporting on the row and the principle of open justice.
Open Justice and Public Interest
The tribunal judges stated that keeping the ‘bare details’ of the case secret would be a ‘truly extraordinary step’ without any public revelation of the hearing taking place. They also emphasized that the revelation of the details would not be damaging to the public interest or prejudicial to national security.
Open justice refers to the principle that court proceedings and decisions should be accessible to the public.
This concept is rooted in the idea that transparency and accountability are essential components of a fair and just legal system.
In many countries, open justice is enshrined in law or constitution, ensuring that citizens have access to information about court cases and judicial decisions.
Open justice also promotes the notion of public scrutiny, allowing for oversight and evaluation of the judiciary's performance.
Next Steps
The Home Office has been asked to comment on the ruling, but has yet to respond. The case is ongoing, with Apple taking legal action against the government’s request for secrecy.
