WhatsApp Backs Apple in Legal Fight Against UK Government Over Encrypted User Data

WhatsApp has formally expressed its support for Apple in an ongoing legal battle with the UK Home Office over encrypted user data, warning that the case could have far-reaching consequences for global privacy protections.

Speaking to the BBC, WhatsApp head Will Cathcart described the UK government’s approach as one that risks creating “a dangerous precedent” by potentially encouraging other countries to demand access to private, encrypted communications. The Meta-owned platform is now seeking to submit evidence in support of Apple’s case in court.

The dispute stems from a confidential notice reportedly issued by the UK Home Office, requesting access to encrypted user data stored on Apple’s systems – particularly files protected by its Advanced Data Protection (ADP) feature. Apple has challenged the request in court, arguing that it would undermine end-to-end encryption and threaten user privacy on a global scale.

While the Home Office declined to comment directly on the case, it defended its broader strategy, stating: “The UK has a longstanding position of protecting our citizens from the very worst crimes, such as child sex abuse and terrorism, at the same time as protecting people’s privacy.”

Apple’s ADP system secures users’ files—such as photos and notes stored on iCloud—using end-to-end encryption, meaning only the account holder has the cryptographic key to access their data. Similar encryption technology is used by WhatsApp, Signal, and other secure messaging platforms, which have consistently resisted attempts to introduce access mechanisms, citing risks of abuse and criminal exploitation.

Cathcart reinforced WhatsApp’s position, stating: “We would challenge any government effort to weaken encryption. People have a right to private communication online.”

The case has heightened tensions between the UK and U.S. tech firms, and even sparked political concern in the United States. Some U.S. lawmakers have warned that the UK’s demands could jeopardize international cybersecurity cooperation, with one intelligence official calling it “an egregious violation” of U.S. citizens’ privacy.

Campaigners have also weighed in. Jim Killock, executive director of Open Rights Group, welcomed WhatsApp’s involvement and said the case highlights the serious implications for digital privacy and civil liberties worldwide. “It’s crucial the court hears from a wide range of voices to understand the broader impact of what’s being proposed,” he said.

Further complicating the issue is the legal mechanism used by the Home Office – a Technical Capability Notice (TCN) – which, by law, must remain secret. Apple has not publicly acknowledged the notice, but its legal challenge points to serious concerns over its implications. WhatsApp, for its part, confirmed it has not received a TCN.

In April, a judge ruled that aspects of the case could be made public after media organisations, including the BBC, argued that such significant legal proceedings should not take place entirely behind closed doors.

The Home Office maintains that its powers are used sparingly, and only in relation to serious crime. “The UK has robust safeguards and independent oversight to protect privacy,” it said, adding that requests like the one Apple received are only issued when deemed “necessary and proportionate.”