Police created ‘intelligence profile’ of BBC journalist topic to cellphone surveillance

The Police Service of Northern Eire (PSNI) created an in depth “intelligence profile” of a former BBC journalist containing private details about him and his household, a court docket heard right this moment.

Vincent Kearney, now Northern Eire editor of RTE, is looking for substantial damages following a sustained illegal surveillance marketing campaign towards him to determine his confidential journalistic sources.

The Investigatory Powers Tribunal (IPT) heard right this moment that there had been seven police or MI5 operations to unlawfully receive the BBC’s and Kearney’s confidential communications knowledge between 2006 and 2014.

The BBC and Kearney are bringing a authorized problem towards the PSNI, Durham Constabulary, the Metropolitan Police Service and the UK authorities, alleging that police and the Safety Service unlawfully spied on the telephones of BBC journalists working in Northern Eire.

The court docket heard that Kearney, who labored for the BBC Northern Eire Highlight programme, was topic to a “systematic and years-long sample” to entry his journalistic sources and map his skilled exercise between 2006 and 2014 by monitoring his cellphone communications knowledge.

The PSNI created an “intelligence profile” of Kearney, which included his date of delivery, dwelling and work addresses, cellphone numbers, automobile registration, and the names of his spouse and mother-in-law and folks dwelling with him, the court docket heard.

Jude Bunting KC, representing Bunting and Kearney, advised the court docket that the PSNI and MI5 had made a number of functions to acquire Kearney’s cellphone knowledge to determine confidential sources who had provided him with data in his position as a journalist.

He mentioned the functions had been made with out contemplating the general public curiosity in journalism and the appropriate of journalists to guard their confidential sources, and had been disproportionate in legislation.

The court docket heard that MI5 made not less than 4 functions for cellphone knowledge from Kearney and the BBC below the Regulation of Investigatory Powers Act in 2006, together with Kearney’s cellphone calls and the main points of people that had phoned him, in an try and determine his confidential sources.

In 2009, MI5 utilized for knowledge about Kearney’s incoming and outgoing communications. There was no consideration given to the proportionality of the applying, and the interference with elementary journalistic rights and the general public curiosity within the position of the press. The clear focus was the anticipated “intelligence dividend”.

Bunting advised the court docket that the PSNI made 4 functions for Kearney’s and the BBC’s cellphone knowledge following the homicide of PC Stephen Carroll in March 2009.

Kearney acquired a cellphone name from an individual claiming duty for the homicide by the Continuity IRA, which he reported to the PSNI and the assistant chief constable, however declined to present a witness assertion.

Bunting advised the court docket that the PSNI obtained Kearney’s communication knowledge, however the utility falsely claimed that Kearney had not reported the cellphone name on to the PSNI.

“Not solely is that this data being hunted for journalist materials, however additionally it is being sought on a false foundation,” he mentioned.

MI5 had disclosed in September 2024 that it had unlawfully obtained the communications knowledge from Kearney’s cellphone in 2006 and 2009 as a part of investigations into individuals suspected of revealing data regarding nationwide safety to Kearney.

The Safety Service later confirmed that it had made “sequential functions” for Kearney’s cellphone knowledge supposed to determine his confidential journalistic sources.

Talking earlier than right this moment’s listening to, Kearney mentioned that illegal state surveillance revealed by the IPT amounted to not simply an assault on him, however an assault on public curiosity journalism.

“This course of has confirmed that I used to be the goal of an extended and constant marketing campaign of illegal interference with my confidential journalistic materials by the PSNI, MI5 and different public authorities whereas working for BBC Northern Eire,” he mentioned.

“The extent of the admitted unlawful monitoring of my communications knowledge over a interval of a few years in an try and determine sources was surprising and stark, and it’s doubtless there was greater than has been publicly conceded. This conceded illegality has had an actual and important affect and has had a chilling impact on my means to hold out public curiosity journalism. Former colleagues within the BBC have additionally suffered harm to supply relationships.”