Apple has access to the information, they are just refusing access..
No, Apple do not have access to the information. They have the probable capability to obtain the information if they elect to do the extra work required to retrieve it.
This is like saying I have "access" to the Radiation levels within a Bank data centre. I monitor power, temperature and humidity so I could probably adapt the system to monitor radiation as well. There is a world of difference between that and being conscripted to implement it against my will by Judicial fiat.