MI5 Illegal Data Collection: Ex-BBC Journalist
- MI5 has admitted to "unlawfully" obtaining the communications data of former BBC journalist Vincent Kearney, now RTÉ's northern editor, a tribunal has heard.
- The tribunal is examining claims that investigative reporters in Northern Ireland were subjected to unlawful covert intelligence by the police.
- The police forces involved included the Metropolitan Police (MPS), the Police Service of Northern Ireland (PSNI), and Durham Constabulary.
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MI5 Admits Unlawful Data Collection from BBC Journalist Vincent Kearney
Table of Contents
What Happened: Unlawful data Collection
MI5 has admitted to “unlawfully” obtaining the communications data of former BBC journalist Vincent Kearney, now RTÉ’s northern editor, a tribunal has heard. This unprecedented concession came in a letter to the BBC and Mr.Kearney in advance of an investigatory Powers Tribunal (IPT) hearing in London.
The tribunal is examining claims that investigative reporters in Northern Ireland were subjected to unlawful covert intelligence by the police. Mr. Kearney brought legal action after documents related to documentary makers Barry McCaffrey and Trevor Birney suggested public bodies, including police forces, had spied on him.
The police forces involved included the Metropolitan Police (MPS), the Police Service of Northern Ireland (PSNI), and Durham Constabulary.
the claims relate to Mr. Kearney’s work on a 2011 Spotlight documentary about the independence of the Police Ombudsman’s office.
Jude Bunting KC, representing Mr. Kearney and the BBC, told the hearing that MI5 confirmed it obtained communications data relating to mr. Kearney in 2006 and 2009. MI5 also “accepted” it had breached Mr. Kearney’s Article 8 and article 10 rights of the European Convention on Human Rights.
Mr. Bunting stated this is the first time MI5 has publicly admitted interference with a journalist’s communications data and acknowledged acting unlawfully in doing so.
The concession that MI5 twice accessed Mr.Kearney’s data represents “serious and sustained illegality,” according to Mr. Bunting.
The Broader Context: Surveillance of Journalists in Northern Ireland
This case is not isolated. It forms part of a wider pattern of concerns regarding the surveillance of journalists in Northern Ireland. The inquiry stems from the case of Barry McCaffrey and Trevor Birney, documentary filmmakers who were themselves subject to police investigation and had their homes raided in connection with the alleged theft of confidential documents. The documents related to their documentary, “No Stone Unturned,” which investigated the loyalist murders in loughgall in 1987.
the IPT is investigating weather the police actions against McCaffrey and birney were lawful, and whether they were intended to intimidate journalists and stifle investigative reporting. The Kearney case adds another layer of complexity and raises questions about the scope of surveillance activities undertaken by security services.
Timeline of Events
- 2006 & 2009: MI5 obtains communications data of Vincent Kearney.
- 2011: Vincent Kearney works on a Spotlight documentary about the Police Ombudsman’s office.
- [Date of McCaffrey/Birney Investigation]: Investigation into documentary filmmakers barry McCaff
