As part of its ongoing campaign for transparency, Phonegate Alert has received an initial response from the European Commission regarding its request for access to documents concerning the non-compliance of Apple’s iPhone 12, as detailed in Implementing Decision (EU) 2025/1760 [1].
While this disclosure represents a step forward, it remains largely incomplete. Faced with these restrictions, Phonegate Alert has decided to file a lawsuit before the General Court of the European Union.
72% of Documents Protected Under “Commercial Secrecy”
Out of 106 identified documents [2]:
- 72% were refused based on commercial interests;
- 21% are only partially accessible;
- Only 7% were disclosed in full.
This level of secrecy severely hinders the understanding of technical data and prevents any comprehensive independent verification.
Essential Technical and Algorithmic Documents Still Inaccessible
The access restrictions primarily target documents directly involving Apple, specifically:
- Mechanisms of “proprietary software” influencing Specific Absorption Rate (SAR) measurements, including power regulation or limitation systems (“cheat” software) used during testing;
- Laboratory testing protocols;
- Technical tools used to assess device compliance.
These essential elements—whose characteristics are reminiscent of the “Dieselgate” scandal in the automotive sector—are crucial for understanding the real-world conditions under which radio equipment is tested and for allowing independent compliance verification.
A European Decision with Implications Far Beyond Apple
In its decision [1], the European Commission explicitly acknowledges that:
- Software mechanisms can influence SAR measurement conditions;
- The use of proprietary testing tools with undisclosed algorithms fails to guarantee an independent assessment;
- These practices ensure neither transparency nor the necessary conditions for effective market surveillance.
Persistent Opacity at the National Level
The French National Frequency Agency (ANFR) has also refused to disclose technical documents regarding certain iPhone 12 software active during inspections and exchanges with Apple. Consequently, Phonegate Alert filed a new appeal with the Commission for Access to Administrative Documents (CADA) on April 7, 2026 [4].
“Upholding these [Apple’s] objections would deprive surveillance authorities of the means to effectively monitor the radiation of terminals placed on the market. Manufacturers would, in effect, have the possibility to demand that authority inspections be carried out on terminals specially prepared by them, which could differ from the terminals sold to the public.”
Statement from Dr. Marc Arazi, President of Phonegate Alert
“The European Commission itself admits that certain ‘proprietary tools’ and mechanisms do not guarantee a reliable and transparent evaluation of mobile phone SAR. In this light, the refusal to disclose a significant portion of technical documents prevents any complete independent verification.”
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