MI5 unlawfully monitored the phone of BBC journalist Vincent Kearney | Computer Weekly

"Jude Bunting KC, representing the BBC and Kearney, who now works for RTÉ, told the tribunal that MI5 had conceded that it unlawfully accessed Kearney's communications data in 2006 and 2009. It passed the data on to the Police Service of Northern Ireland (PSNI). "This appears to be the first time in any tribunal proceedings that MI5 has accepted any interference with journalists' communications data and publicly accepted doing so unlawfully," he said."

"Bunting said that MI5 failed to reference Kearney as a journalist when it monitored his phone data, and did not take into account stricter tests required to access journalistic information. MI5 accepted that the security service breached Kearney's Article 10 and 8 rights under the European Convention of Human Rights, which protect the rights of journalists to protect their confidential sources, and their right to privacy."

"The court heard that MI5 belatedly disclosed its role on Wednesday last week, despite knowing about the issue for years, and knowing that its late disclosure would impact court hearings already scheduled in the case. The Police Service of Northern Ireland also conceded it acted unlawfully by issuing authorisations to obtain Kearney's communications data on multiple occasions. This included four authorisations relating to an investigation into the murder of PC Stephen Caroll in 2009, and"

MI5 admitted that it unlawfully monitored Vincent Kearney’s phone and accessed his communications data in 2006 and 2009, passing that data to the Police Service of Northern Ireland (PSNI). MI5 conceded that it failed to identify Kearney as a journalist and did not apply the stricter legal tests for accessing journalistic material. MI5 accepted breaches of Kearney’s Article 8 and Article 10 rights under the European Convention on Human Rights. The PSNI also conceded it acted unlawfully by issuing multiple authorisations to obtain Kearney’s communications data, including four linked to an investigation into the 2009 murder of PC Stephen Carroll. The late disclosure, known to MI5 for years, affected scheduled court hearings.

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