In a hearing at the Investigatory Powers Tribunal (IPT) sitting in London last week it was disclosed that the Security Service, MI5, made “multiple” unlawful applications for mobile phone data in order to identify the confidential sources of a former BBC journalist.
The tribunal, which has the powers of a court, heard that MI5 unlawfully sought the mobile phone records of reporter Vincent Kearney on “at least” four occasions between 2006 and 2009 when he worked for the BBC as the Northern Ireland home affairs correspondent
Representing Kearney and the BBC at the tribunal, Jude Bunting KC, a specialist in all areas of media law, called on MI5 to divulge whether it had carried out further surveillance against Kearney and other BBC journalists for what it considers lawful reasons.
“We don’t know whether MI5 made other applications [for communications data] that were lawful against Mr Kearney.
“We don’t know whether MI5 made applications for the phone data of other BBC employees.”
BBC pursues legal action over alleged widespread phone monitoring
As previously reported in Yorkshire Bylines the McCullough Review found there was a disturbing pattern of unlawful covert surveillance of journalists, with the Police Service in Northern Ireland (PSNI) showing clear disregard for press freedom and the rule of law.
In May, lawyers acting for the BBC wrote to the IPT about allegations that one of its journalists was subject to police surveillance. However, snooping was not restricted to the PSNI. They are now taking legal action against the PSNI, Durham Constabulary, the Metropolitan Police and the UK government, alleging that police and MI5 carried out unlawful surveillance of mobile phones belonging to BBC journalists in Northern Ireland.
MI5 maintains that it must adhere to its established policy of neither confirming nor denying whether any additional monitoring of Kearney or the 16 other BBC journalists took place, provided such surveillance would have been conducted within the bounds of the law.
Questions over the safeguarding of personal and journalistic freedoms
The tribunal heard that in September MI5 had disclosed it had unlawfully obtained the communications data from Kearney’s phone as part of investigations into people suspected of disclosing information relating to national security to Kearney.
At the hearing, it emerged that Kearney – now RTÉ’s Northern Ireland editor – had no insight into how many requests were made, their purpose, the dates involved, the span of time covered, what information MI5 accessed, or what material about him the agency continues to hold.
In a written argument, Bunting stated that Kearney and the BBC were effectively prevented from safeguarding their personal and journalistic freedoms.
“They are left in the situation where they, their friends and families, and their journalist sources know that there were repeated unlawful interferences … but they do not know who by, when, for how long or why.”
The case is scheduled to be heard next year.
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