Kejriwal-ED iPhone issue: All you need to know about Apple’s policy on unlocking iPhones

Apple says it carefully reviews all legal requests to ensure a valid basis for each request and complies with legally valid requests

Enforcement Directorate (ED) investigators have reportedly contacted Apple, seeking assistance accessing Delhi Chief Minister Arvind Kejriwal’s iPhone. While reports suggest that Apple denied unlocking and giving the ED access to the iPhone, sources said that Apple hasn’t received any official request so far in the matter.

Apple’s policy is that it cannot provide the passcode of a locked iOS device.

In its ‘Legal Process Guidelines’ for government and law enforcement outside the US, Apple has mentioned that the company does not have access to a customer’s passcode. “Questions or inquiries regarding the government legal process can be emailed to lawenforcement@apple.com”.

Here is a lowdown on Apple's policies and some noteworthy precedents in the US:

Apple’s policy for legal requests

Apple, in its legal Process Guidelines, said it accepts service of legally valid government or law enforcement information requests by email from government and law enforcement agencies, provided these are transmitted from the official email address of the requesting government or law enforcement agency.

Apple says it carefully reviews all legal requests to ensure a valid basis for each request and complies with legally valid requests. If Apple determines that there is no valid legal basis or that a request is unclear, inappropriate, or overbroad, Apple will object, challenge or reject the request.

Apple's clashes with law enforcement

This isn’t the first time where Apple has refused to unlock the device at the request of a country’s investigating agencies.

In 2016, a federal judge asked Apple to help unlock the iPhones of two suspected terrorists from the 2015 San Bernardino attack. Apple declined to assist the FBI despite requesting technical assistance to bypass security features. The US government later claimed it managed to unlock the iPhone with help from a third party and withdrew its case.

Cook then underscored Apple's firm stance against terrorism while cautioning against the "dangerous precedent" compliance would establish, potentially jeopardizing data security and civil liberties.

Similarly, in 2020, Apple refused to unlock the device of one Mohammed Saeed Alshamrani, a second lieutenant with the Saudi Air Force, after he shot three Americans to death at Pensacola Naval Air Station. American authorities called this an act of terrorism, and the FBI had asked Apple to unlock the device and share the data with them to aid their investigation.

Apple, however, provided the investigative authorities with information, including what they could retrieve from iCloud backups, account information, and transactional data for multiple accounts.

Does Apple give access to a deceased family member’s Apple account?

In the event of a customer’s death, Apple provides options for their loved ones to request access to or delete their Apple ID and the stored data.

Apple says it may help remove Activation Lock from devices linked to a loved one's original Apple ID. However, for iPhones, iPods, and iPads to be utilised with another Apple ID, they must first be restored to factory settings. Devices locked with a passcode are safeguarded by passcode encryption, and Apple says it cannot help remove the passcode lock without erasing the device.

For security, Apple requires and verifies legal documentation before we can assist with a deceased person’s account. This generally includes a death certificate and may require a court order or other documentation.