Liberty are challenging the UK government’s regime to issue a Technical Capability Notice (“TCN”) under the Investigatory Powers Act 2016.
In February 2025, it was reported that the UK Secretary of State for the Home Department issued Apple with a TCN.
The TCN reportedly required Apple to create a “back door” in its iCloud system through which the UK government could access end-to-end encrypted data of users anywhere, breaking encryption. Allegedly in response, Apple has withdrawn its advanced data protection service from UK Apple users and reportedly issued proceedings challenging the TCN.
In October 2025, it was reported that the TCN had been withdrawn and a second one had been issued targeting “British users”. Shortly after, Apple’s first legal challenge was dismissed due to a “change in circumstances.” Apple is now bringing a second challenge against UK powers to issue TCNs.
Liberty’s legal challenge continues. Liberty are seeking a court ruling that the TCN regime is unlawful for breaching rights, meaning the UK Government can’t issue similar TCNs in the future.
UK government forcing Apple to break encryption
Organisation Name
Liberty
Country/Jurisdiction
United Kingdom
Grant Amount
EUR 36,000
Current Status
Ongoing
Image credit: Photo by Towfiqu barbhuiya on Unsplash
Grant type
Litigation Track Support
Description
Liberty are challenging the UK government’s regime to issue a Technical Capability Notice (“TCN”) under the Investigatory Powers Act 2016.
In February 2025, it was reported that the UK Secretary of State for the Home Department issued Apple with a TCN.
The TCN reportedly required Apple to create a “back door” in its iCloud system through which the UK government could access end-to-end encrypted data of users anywhere, breaking encryption. Allegedly in response, Apple has withdrawn its advanced data protection service from UK Apple users and reportedly issued proceedings challenging the TCN.
In October 2025, it was reported that the TCN had been withdrawn and a second one had been issued targeting “British users”. Shortly after, Apple’s first legal challenge was dismissed due to a “change in circumstances.” Apple is now bringing a second challenge against UK powers to issue TCNs.
Liberty’s legal challenge continues. Liberty are seeking a court ruling that the TCN regime is unlawful for breaching rights, meaning the UK Government can’t issue similar TCNs in the future.
"the UK government could access end-to-end encrypted data of users anywhere, breaking encryption"
Strategic Goals
To protect end-to-end encrypted data as a legitimate mechanism to secure rights and cyber-security, in the UK and globally, and to stop the UK Government’s (and other governments’) attempts now and in the future to secretly undermine it.