MI5 and police forces in Northern Ireland and England conducted a “long and consistent campaign of unlawful interference” against BBC journalist Vincent Kearney, the Investigatory Powers Tribunal (IPT) has heard. The surveillance, which spanned eight years, involved obtaining communications data from Kearney’s mobile phone to identify his sources.
MI5 admitted last year to unlawfully obtaining Kearney’s phone data on two occasions between 2006 and 2009. However, the tribunal heard on Wednesday that the Police Service of Northern Ireland (PSNI) and the Metropolitan Police also accepted they had unlawfully obtained his communications data, violating his rights under the European Convention on Human Rights.
In one operation, the PSNI obtained information on 1,580 calls or texts made or received by Kearney. His lawyers said there was evidence police at one point obtained “geographic data” based on his phone records. The PSNI also created a “detailed intelligence profile” of Kearney, including details about his family and private life.
Jude Bunting KC, representing Kearney and the BBC, described the admissions as revealing “repeated and consistent illegality on the part of multiple public authorities over a period of many years”. He added: “The sheer volume and extent of interferences with journalistic material in this case is unprecedented.”
Kearney, now northern editor at RTÉ, said the surveillance had a “measurable chilling effect” on his ability to work and damaged relationships with sources. A BBC spokesperson said: “What happened in this instance was wrong and must never be repeated.”
Kearney is seeking damages from the PSNI, which argued compensation is not appropriate, describing its actions as “reasonable” and intended to further criminal investigations. The Home Office said the case covers “historic activity” and that legislation has since been updated to protect journalists.
