US intelligence head 'not told' about UK's secret Apple data demand

U.S. Director of National Intelligence Avril Haines stated that she was not informed in advance about the British government's request to access encrypted data of Apple users globally. Earlier this year, the British government made a request to view such data, which even Apple cannot currently access.

Last week, Apple took the unprecedented step of withdrawing its highest-level data security tool from the UK market. In a letter, Ms. Haines stated that she is seeking further information from the FBI and other U.S. agencies. She also stated that if the reports are accurate, the British government's actions would constitute a "serious infringement" on the privacy of U.S. citizens.

Reportedly, the UK Home Office issued a notice to Apple in January of this year under the UK's Investigatory Powers Act, a notice that is legally prohibited from being made public. Haines added that she is also seeking legal advice to determine whether the UK has violated its agreement with the U.S. not to request access to data of each other's citizens.

In response to the Home Office's notice, Apple withdrew its top-tier privacy tool, Advanced Data Protection (ADP), from the UK market last week. ADP means that only the account holder can view items such as photos or documents stored online through end-to-end encryption. If Apple were to comply with the British government's request, it would have to crack its encryption system, as it currently cannot see data protected in this way and therefore cannot share it with law enforcement. Apple has stated that it will never do so.

Currently, the data of Apple users in the UK is still encrypted in the UK, but at a lower level of encryption, meaning that Apple can access this data if it receives a warrant. In a letter to Senator Ron Wyden and Representative Andy Biggs (which has been published online), Avril Haines stated that she first saw reports about the notice in the media and had not received prior notification from the UK or Apple.

Apple has not commented on the matter. The UK Home Office advised the BBC to refer to comments made earlier this week by Security Minister Dan Jarvis. The Security Minister stated: "I cannot comment on specific operational matters, nor is it appropriate to confirm or deny the existence of any notices under the 2016 Investigatory Powers Act." He added: "What I can say is that the idea that privacy and security are in opposition is not correct; we can and must have both."