European Commission transmits 36 new documents to Phonegate Alert, but key documents remain largely inaccessible

As part of its ongoing transparency campaign, Phonegate Alert has received a second response from the European Commission. This follows our formal request for documents concerning the non-compliance of Apple’s iPhone 12, as addressed in Implementing Decision (EU) 2025/1760 of August 19, 2025.

36 new documents released, following an initial communication in April

On August 11, 2026, the European Commission transmitted 36 additional documents to Phonegate Alert (32 with partial access and 4 with full access). These files are now accessible on the European Union website. They join the fifty non-public documents previously released to our NGO in April.

While Phonegate Alert acknowledges this release, critical files remain hidden. Specifically, documents detailing the exact role of software and algorithms in the Specific Absorption Rate (SAR) tests for the iPhone 12 are still largely inaccessible.

The JRC highlights the limits of European oversight

The partially disclosed conclusions of the Joint Research Centre (JRC)—the Commission’s technical scientific service—reveal a major issue. They emphasize that current European standard EN 50566:2017 lacks a defined testing methodology for smartphones equipped with motion sensors, multi-antenna systems, and dynamic power control algorithms.

For Phonegate Alert, these findings are critical. They directly affect the ability of regulatory authorities to monitor real-world exposure to radiofrequency radiation and protect public health.

A crucial question must now be answered: how can independent testing be guaranteed when manufacturers use proprietary software mechanisms that can alter radio behavior during compliance checks—especially when these mechanisms remain protected by trade secrecy?

Public interest and health must prevail over trade secrecy

The Commission itself acknowledges that undisclosed proprietary tools compromise the transparency and independence of compliance testing. However, one year after its decision, documents required to fully understand Apple‘s software mechanisms remain undisclosed.

For Phonegate Alert, when regulating daily radiation exposure for hundreds of millions of consumers, public health and transparency must take precedence over trade secrecy and Apple‘s commercial interests.

Phonegate Alert prepares to bring the matter before the EU General Court

Having exhausted standard administrative procedures, Phonegate Alert is now preparing to file a lawsuit before the General Court of the European Union to challenge these access refusals.