MI5 disclosed it made and authorised unlawful ‘sequential applications’ for Vincent Kearney’s phone data during his time at the BBC, but will neither confirm nor deny whether it undertook further ‘lawful’ surveillance of BBC journalists
The Security Service, MI5, made “multiple” unlawful applications for mobile phone data in an attempt to identify the confidential sources of a former BBC journalist, the Investigatory Powers Tribunal (IPT) sitting in London heard last week. 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
Jude Bunting KC, a specialist in all areas of media law, representing Kearney and the BBC, told the tribunal that MI5 should disclose whether it had carried out further surveillance against Kearney and other BBC journalists for what it regards as lawful reasons. “We don’t know whether MI5 made other applications [for communications data] that were lawful against Mr Kearney,” he said. “We don’t know whether MI5 made applications for the phone data of other BBC employees.” https://www.computerweekly.com/news/366634439/MI5-made-multiple-applications-for-phone-data-to-identify-BBC-journalists-sources
As previously reported on this web site (15 & 25 September) 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. However, snooping was not restricted to the PSNI https://www.computerweekly.com/news/366583138/BBC-instructs-lawyers-over-allegations-of-police-surveillance-of-journalist.
In May, lawyers acting for the BBC wrote to the IPT about allegations that one of its journalists was subject to police surveillance. They are now bringing a legal challenge against the PSNI, Durham Constabulary, the Metropolitan Police Service and the UK government over allegations that police and MI5 unlawfully spied on the phones of BBC journalists working in Northern Ireland.
MI5 argues that it needs to uphold the longstanding principle that it can neither confirm nor deny whether it carried out other surveillance operations against Kearney or a list of 16 other BBC journalists, if the surveillance was carried out lawfully.
The tribunal heard that in September MI5 had disclosed it had unlawfully obtained the communications data from Kearney’s phone in 2006 and 2009 as part of investigations into people suspected of disclosing information relating to national security to Kearney.
Kearney, currently Northern Ireland editor at RTÉ, did not know how many applications were made, what the aim of the applications was, when they were made, what time period they covered, what data MI5 obtained and what data MI5 has retained about Kearney, the hearing was told
In a written submission Bunting said that Kearney and the BBC were unable to take steps to protect their personal and journalistic rights.
“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 due to be heard next year.