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MI5, PSNI Ordered to Pay Damages for Spying on Irish Journalist
The tribunal said the agencies broke the law and ordered each to pay £10,000 after repeated intrusions into a journalist’s communications data.
On Thursday, the Investigatory Powers Tribunal ordered MI5 and the Police Service of Northern Ireland to pay former BBC journalist Vincent Kearney £20,000 in total damages after unlawfully obtaining his phone data.
Between 2006 and 2018, seven separate police or MI5 operations accessed Kearney's confidential communications data; the PSNI created a detailed profile including his date of birth, addresses, car details and family members' names.
The PSNI's 2009 applications to access Kearney's data between 10 and 14 March failed to establish an 'overriding requirement in the public interest,' while MI5's 2006 and 2009 authorisations were not in accordance with the law and disproportionate.
Three judges found 'no reason to distinguish between the conduct' of the two organisations, stating that journalist protection serves 'the public interest in the ability of his readers or audience to receive information from him.'
Kearney called the ruling unequivocal proof that 'agencies charged with upholding the law know that they are not above the law and will be held to account,' while the BBC said the findings are 'welcome, necessary and significant' for protecting journalists' freedom.