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 for global access to the encrypted data of Apple customers. It is reported that the British government proposed the right to obtain this data earlier this year, data that even Apple itself currently cannot access.

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

This unpublished Home Office notice was issued to Apple in January under the UK's Investigatory Powers Act. Haines added that she is also seeking legal advice to determine whether the UK has violated its agreement with the U.S. not to demand access to the data of each other's citizens.

In response to the Home Office notice, Apple last week withdrew its top-tier privacy tool, Advanced Data Protection (ADP), from the UK market. ADP means that only the account holder can view items such as photos or documents stored online through end-to-end encryption.

To comply with the British government's request, Apple would have to crack its encryption system, because 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 this. Currently, the data of Apple's UK users is still encrypted in the UK, but at a lower level, meaning that Apple can access this data if it receives a search warrant.

In letters to Senator Ron Wyden and Representative Andy Biggs, Avril Haines stated that she first saw news of the notice in the media and had not received prior notification from either the British government or Apple. The letter has now been published online.

Apple has declined to comment on the matter. The British Home Office referred the BBC to comments made earlier this week by Security Minister Dan Jarvis. Jarvis stated: "I cannot comment on specific operational matters, nor is it appropriate for me to confirm or deny the existence of any notices under the Investigatory Powers Act 2016." He added: "What I can say is that the idea that privacy and security are mutually exclusive is incorrect; we can and must have both."