MI5 and Police Forces Admit Unlawful Surveillance Campaign Against Former BBC Journalist
Police and MI5 waged a campaign of illegal interference against a former BBC journalist, a tribunal has been told. Vincent Kearney, who served as the BBC's Northern Ireland home affairs correspondent, was subjected to what his lawyer described as "unprecedented" surveillance over an eight-year period.
Details of the Unlawful Monitoring
The investigatory powers tribunal (IPT), a special court that examines complaints against UK spy agencies, heard that authorities sought to identify Kearney's sources through extensive monitoring. MI5 admitted last year that it had unlawfully obtained Kearney's phone data on two occasions between 2006 and 2009. However, recent court proceedings revealed that the intrusion by multiple police forces and the Security Service was far more extensive and intrusive than previously acknowledged.
The Police Service of Northern Ireland (PSNI) and the Metropolitan Police have also accepted that they unlawfully obtained Kearney's communications data, violating his rights under the European Convention on Human Rights. In one operation alone, PSNI obtained information relating to 1,580 calls or texts made or received by the journalist.
Scope of the Surveillance
Kearney's lawyers presented evidence suggesting police had obtained "geographic data" based on his phone records at one stage. The communications data obtained between 2009 and 2014 would have enabled authorities to "see who [he] was interacting with, where, and when," though it did not include the actual content of calls or messages.
Jude Bunting KC, representing both the BBC and Kearney, stated in written submissions that the admissions "reveal repeated and consistent illegality on the part of multiple public authorities over a period of many years." He emphasized that "the sheer volume and extent of interferences with journalistic material in this case is unprecedented."
Intelligence Profile and Additional Disclosures
The tribunal also heard how PSNI had created a "detailed intelligence profile" of Kearney containing information about both his journalism and private life. This profile included details about his family members and living arrangements.
Following MI5's admission last year that some actions were unlawful, the agency disclosed additional information about obtaining Kearney's communications data on an undefined number of occasions in 2006. An MI5 officer had also made an internal request to "open a file" concerning the journalist.
While a lawyer for MI5 told the tribunal that applications to obtain Kearney's data were "not lawful," they argued the agency's actions did not constitute a "long and sustained campaign."
Impact on Journalism and Sources
In a statement to the tribunal, Kearney said the admissions by MI5 and police forces "reveal a systematic and years-long pattern of accessing my journalistic sources." He added, "I am not aware of any other journalist in the UK or Ireland who has been targeted in such a sustained way over so many years."
Kearney's lawyers argued that the surveillance has had a "measurable chilling effect" on his ability to operate as a journalist and had "damaged and, in some cases, destroyed" his relationships with sources. They noted that "his colleagues in the BBC have also suffered damage to their source relationships."
Responses and Legal Proceedings
A BBC spokesperson stated, "What happened in this instance was wrong and must never be repeated. The independence of what we do is hard won and it's something that we will fight to protect."
Kearney, now the northern editor at Irish broadcaster RTÉ, is seeking damages from PSNI. The police force has argued that compensation is not appropriate, with their lawyers claiming efforts to obtain the journalist's data were "reasonable" and intended to "further criminal investigations."
A Home Office spokesperson noted that the case "covers historic activity" and that legislation governing the acquisition of communications data has been updated to include enhanced protections for journalists and journalistic material.
