MI5 and the Police Service of Northern Ireland (PSNI) have been directed to pay £20,000 in damages to former BBC journalist Vincent Kearney, following a ruling that they illegally accessed his phone records. The landmark decision by the Investigatory Powers Tribunal (IPT) in London is understood to be the first instance where MI5 has been ordered to compensate a journalist for such actions.
Mr Kearney, who worked for BBC Northern Ireland for 18 years until 2019, was the subject of multiple covert operations between 2006 and 2014. These operations, conducted while he was a BBC correspondent covering policing and security issues, were aimed at identifying his confidential sources. The IPT found that the authorisations used to obtain his mobile phone data were 'disproportionate' and violated laws on privacy and the protection of journalistic sources.
The surveillance involved MI5, the PSNI, and the Metropolitan Police acting on behalf of the PSNI, accessing Mr Kearney's call and text message records. This allowed them to see who he was in contact with, the timing of communications, subscriber details, and even the locations from which calls were made. One operation alone involved sifting through data related to 1,580 calls or texts. Crucially, the content of these communications was not accessed.
Mr Kearney first became aware of some unlawful actions in 2024, following a separate IPT case involving other Northern Ireland journalists. However, the full extent of the 'interferences with his journalistic data' only became clear through legal disclosures during his own case at the IPT. In its judgement, the IPT emphasised that the protection of sources serves a vital 'public interest' in ensuring information reaches the public, rather than being solely for the benefit of the journalist.
Both MI5 and the PSNI will each contribute £10,000 to the compensation payment. They informed the IPT that their actions at the time reflected issues with the prevailing legislation. The BBC, which supported Mr Kearney in bringing the case, welcomed the findings, stating they were 'necessary and significant' and expressed hope they would help protect journalists and their ability to report in the future. Mr Kearney, now Northern Editor for RTÉ, also welcomed the judgement, asserting that agencies tasked with upholding the law must be held accountable when they overstep their authority.