MI5 Admits ‘Unlawfully’ Obtaining data from Ex-BBC journalist
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London – MI5, the United Kingdom’s domestic intelligence agency, has conceded it illegally obtained communications data from Vincent Kearney, a former BBC journalist, on two separate occasions. The admission, made before the Investigatory Powers Tribunal (IPT), marks a important growth in a series of cases alleging unlawful surveillance of journalists in the UK.
The Core of the admission
The security service’s acknowledgement centers on accessing Mr.Kearney’s communications data without proper legal authorization. This revelation surfaced during tribunal hearings related to complaints brought by Mr. Kearney,alongside journalists Barry McCaffrey and Trevor Birney,concerning alleged unlawful surveillance. MI5’s admission represents serious and sustained illegality
according to counsel representing the complainants.
Police Involvement and Admissions
Beyond MI5, police forces have also acknowledged wrongdoing.The Metropolitan Police Service (MPS) admitted to twice obtaining Mr. Kearney’s communications data in 2012, storing it, and sharing some of it with Durham Constabulary in 2018. The Police Service of Northern Ireland (PSNI) concedes illegality
in obtaining, storing, and utilizing Mr. Kearney’s data.
Timeline of Surveillance
The unauthorized data access by the PSNI involved authorizations linked to the 2009 murder of PC Stephen Carroll and Operation Erewhon in 2012. operation Erewhon investigated alleged leaks from the Office of the Police Ombudsman for Northern Ireland (PONI). The MPS obtained material during this operation.
| Year | Event |
|---|---|
| 2009 | PC Stephen Carroll Murder Inquiry |
| 2012 | Operation Erewhon – PONI Leak Investigation |
| 2018 | Mr. Kearney’s data shared with durham Constabulary |
| 2024 | MI5 admits unlawful data access |
Did You Know?
The Investigatory Powers Tribunal (IPT) is a UK court specializing in cases concerning intelligence agencies and their surveillance powers.
Mr. Kearney expressed deep concern
over the admission, stating it was not only troubling for him personally but for all journalists. The BBC echoed these concerns, describing MI5’s actions as a matter of grave concern
and vowing to continue pursuing answers.
Pro Tip:
Understanding the Investigatory Powers Act 2000 is crucial for grasping the legal framework surrounding surveillance in the UK.
Mr. Kearney’s complaint followed similar claims brought by Mr. McCaffrey and Mr. Birney, who were arrested in 2018 during an investigation into a leaked PONI document featured in their documentary, No Stone Unturned. A High Court ruling in Belfast in 2020 persistent that the warrants used to raid their homes and offices were improperly obtained. The IPT subsequently found that the covert surveillance operation against them was unlawful.
“This unprecedented admission… is deeply concerning, not just for myself but for all journalists.” – Vincent Kearney
The cases raise broader questions about the extent of surveillance targeting journalists and the protection of press freedom in the United Kingdom.
What impact will this admission have on future investigations involving journalists? Do you believe sufficient safeguards are in place to protect journalistic sources and freedom of the press?
Background: Surveillance and Press Freedom in the UK
The UK has a complex history regarding surveillance and press freedom.The Investigatory Powers Act 2000, frequently enough referred to as the “snooper’s charter,” grants significant powers to intelligence agencies and law enforcement. Concerns have long been raised about the potential for these powers to be misused, particularly in relation to journalists and their sources. Recent years have seen increasing scrutiny of surveillance practices, with several high-profile cases highlighting the need for greater openness and accountability.
Frequently Asked Questions
What is MI5?
MI5,officially known as the Security Service,is the UK’s domestic counter-intelligence and security agency responsible for protecting the country from threats like terrorism and espionage.
What is the Investigatory Powers Tribunal (IPT)?
The IPT is a specialist court in the UK that hears complaints about alleged unlawful conduct by intelligence agencies and other public bodies with surveillance powers.
What was Operation Erewhon?
Operation Erewhon was an investigation by the Metropolitan Police into alleged leaks of confidential information from the Office of the Police Ombudsman for Northern Ireland (PONI).
Why is this case critically important for journalists?
This case is significant as it highlights the potential for unlawful surveillance of journalists, which can undermine press freedom and the ability to hold power accountable.
What are the potential consequences of MI5’s admission?
The admission could lead to further investigations, legal challenges, and calls for reforms to surveillance laws and practices.
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