A former BBC Northern Ireland home affairs correspondent has been awarded £20,000 in damages after MI5 and the Police Service of Northern Ireland (PSNI) were found to have unlawfully accessed data from his mobile phone. The ruling came from the Investigatory Powers Tribunal (IPT), a UK court overseeing complaints against intelligence agencies.

Vincent Kearney, who is now northern editor at RTÉ, received £10,000 from both MI5 and the PSNI for breaches occurring between 2006 and 2018. The tribunal concluded that the surveillance was disproportionate and not in accordance with the law. The data obtained included phone numbers in contact with Kearney, call and text times, subscriber names, and addresses, although the content of communications was not accessed.

Judges Lady Carmichael, Mr Justice Chamberlain, and Stephen Shaw KC emphasized the importance of protecting journalists’ ability to maintain confidential sources, stating that this protection serves the public interest rather than solely benefiting the journalist.

Kearney initiated legal proceedings after disclosures in a separate case involving documentary-makers Barry McCaffrey and Trevor Birney revealed that public bodies, including police forces, had conducted surveillance on him. During the hearing, Kearney’s counsel detailed seven separate operations by MI5 or police that unlawfully acquired his confidential communications data. The PSNI acknowledged multiple concessions throughout the proceedings.

Following the judgment, PSNI Chief Constable Jon Boutcher accepted the tribunal’s findings and issued an apology to Kearney, noting that the force had implemented significant changes to its practices and policies. A BBC spokesperson underscored the importance of journalistic freedom as a foundation of democratic society and acknowledged the harm caused by the unlawful surveillance, emphasizing that such acts must not recur.

Kearney described the ruling as a significant victory for journalism and an affirmation of journalists’ legal rights and responsibilities to protect their sources. The judgment also marked the first time MI5 was ordered to pay damages to a journalist, highlighting concerns over the balance between national security and press freedoms.

The Metropolitan Police also acknowledged breaches during the proceedings but were not ordered to pay damages. The case raises ongoing questions about oversight and accountability in the use of surveillance powers against members of the press.