UK's MI5 'Unlawfully' Obtained Data From Former BBC Journalist

Bruce66423 shares a report from The Guardian: MI5 has conceded it 'unlawfully' obtained the communications data of a former BBC journalist, in what was claimed to be an unprecedented admission from the security services. The BBC said it was a 'matter of grave concern' that the agency had obtained communications data from the mobile phone of Vincent Kearney, a former BBC Northern Ireland home affairs correspondent. The admission came in a letter to the BBC and to Kearney, in relation to a tribunal examining claims that several reporters in Northern Ireland were subjected to unlawful scrutiny by the police. It related to work carried out by Kearney for a documentary into the independence of the Office of the Police Ombudsman for Northern Ireland (PONI). Kearney is now the northern editor at Irish broadcaster RTE.

In documents submitted to the Investigatory Powers Tribunal (IPT), MI5 conceded it obtained phone data from Kearney on two occasions in 2006 and 2009. Jude Bunting KC, representing Kearney and the BBC, told a hearing on Monday: 'The MI5 now confirms publicly that in 2006 and 2009 MI5 obtained communications data in relation to Vincent Kearney.' He said the security service accepted it had breached Kearney's rights under article 8 and article 10 of the European convention on human rights. They relate to the right to private correspondence and the right to impart information without interference from public authorities. 'This appears to be the first time in any tribunal proceedings in which MI5 publicly accept interference with a journalist's communications data, and also publicly accept that they acted unlawfully in doing so,' Bunting said. He claimed the concessions that it accessed the journalist's data represented 'serious and sustained illegality on the part of MI5.' Bruce66423 comments: 'The good news is that it's come out. The bad news is that it has taken 16 years to do so. The interesting question is whether there will be any meaningful consequences for individuals within MI5; there's a nice charge of 'malfeasance in public office' that can be used to get such individuals into a criminal court. Or will the outcome be like that of when the CIA hacked the US Senate's computers, lied about it, and nothing happened?'

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