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Met police broke law by accessing Sun reporter's phone records over Plebgate Met police broke law by accessing Sun reporter's phone records over Plebgate
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The Metropolitan police broke the law when it secretly obtained the phone records of one of three of the paper’s reporters behind the Plebgate exposé about an altercation between officers at Downing Street and the Tory MP Andrew Mitchell.The Metropolitan police broke the law when it secretly obtained the phone records of one of three of the paper’s reporters behind the Plebgate exposé about an altercation between officers at Downing Street and the Tory MP Andrew Mitchell.
The Investigatory Powers Tribunal ruled on Thursday that the Met had breached reporter Craig Woodhouse’s human rights and had breached the human rights of two other reporters, those of the political editor Tom Newton Dunn and reporter Anthony France when it accessed their phone records in its pursuit of the Plebgate mole, the Investigator Powers Tribunal has ruled.The Investigatory Powers Tribunal ruled on Thursday that the Met had breached reporter Craig Woodhouse’s human rights and had breached the human rights of two other reporters, those of the political editor Tom Newton Dunn and reporter Anthony France when it accessed their phone records in its pursuit of the Plebgate mole, the Investigator Powers Tribunal has ruled.
However, while it found the police had unlawfully secretly accessed Woodhouse’s phone records, they had acted in accordance with the law in relation to Newton Dunn, France and the Sun news desk.However, while it found the police had unlawfully secretly accessed Woodhouse’s phone records, they had acted in accordance with the law in relation to Newton Dunn, France and the Sun news desk.
This was because sight of these phone records, was deemed “necessary and proportionate” because they were central to the criminal investigation which resulted in one officer sentenced to 12 months’ imprisonment for misconduct in public office.This was because sight of these phone records, was deemed “necessary and proportionate” because they were central to the criminal investigation which resulted in one officer sentenced to 12 months’ imprisonment for misconduct in public office.
The IPT judgment is a partial victory for the Sun, which was furious when it discovered last year that the police had secretly snooped on its journalist and its news desk.The IPT judgment is a partial victory for the Sun, which was furious when it discovered last year that the police had secretly snooped on its journalist and its news desk.
However, it is unlikely to lead to any further legal challenges or refinements as the law used by the police is widely seen to be defective in relation to journalists and is being replaced by new laws, which will enshrine journalists’ rights, proposed by home secretary Theresa May under the investigatory powers bill.However, it is unlikely to lead to any further legal challenges or refinements as the law used by the police is widely seen to be defective in relation to journalists and is being replaced by new laws, which will enshrine journalists’ rights, proposed by home secretary Theresa May under the investigatory powers bill.
The Sun said it was “pleased” the IPT had ruled that the Met had breach rights of its journalists to protect is sources.The Sun said it was “pleased” the IPT had ruled that the Met had breach rights of its journalists to protect is sources.
“Today’s outcome vindicates our concerns that our rights to protect confidential sources on matters of significant public interest – such as Plebgate – are at risk unless the law is now changed to protect all journalists from unfair and unnecessary police intrusion,” it said.“Today’s outcome vindicates our concerns that our rights to protect confidential sources on matters of significant public interest – such as Plebgate – are at risk unless the law is now changed to protect all journalists from unfair and unnecessary police intrusion,” it said.
The IPT was asked to examine the legality of the police’s decision to access mobile phone records in its hunt for a mole.The IPT was asked to examine the legality of the police’s decision to access mobile phone records in its hunt for a mole.
It investigated the police’s Operation Alice investigation into Plebgate following a complaint by the Sun and the three reporters that the police had breached journalists’ fundamental right to protect the identity of their sources.It investigated the police’s Operation Alice investigation into Plebgate following a complaint by the Sun and the three reporters that the police had breached journalists’ fundamental right to protect the identity of their sources.
The police had obtained records of texts and messages of all three reporters and of calls to the Sun news desk in the days surrounding the publication of the Plebgate story in September 2012.The police had obtained records of texts and messages of all three reporters and of calls to the Sun news desk in the days surrounding the publication of the Plebgate story in September 2012.
The IPT found that the Met police “cannot be criticised” for its decision to use its powers under the legislation, but said the Regulation of Investigatory Powers Act 2000 “did not adequately safeguard the important public interest in the right of a journalist to protect the identity of the source”.The IPT found that the Met police “cannot be criticised” for its decision to use its powers under the legislation, but said the Regulation of Investigatory Powers Act 2000 “did not adequately safeguard the important public interest in the right of a journalist to protect the identity of the source”.
The litigation centred on police inquiries after Conservative former chief whip Mitchell was accused of being swearing at police in Downing Street after they refused to allow him to leave through the front gates on his bicycle.The litigation centred on police inquiries after Conservative former chief whip Mitchell was accused of being swearing at police in Downing Street after they refused to allow him to leave through the front gates on his bicycle.
The IPT found the decision to seek records of incoming and outgoing calls on Woodhouse’s mobile phone over nine days before the altercation with Mitchell was “not ... necessary nor proportionate to the legitimate aim which it pursued”.The IPT found the decision to seek records of incoming and outgoing calls on Woodhouse’s mobile phone over nine days before the altercation with Mitchell was “not ... necessary nor proportionate to the legitimate aim which it pursued”.
It said this constituted “an infringement of the convention rights” and was not in accordance with the law.It said this constituted “an infringement of the convention rights” and was not in accordance with the law.
The tribunal said that the police “did not act unlawfully” in seeking of the records of Newton Dunn, France and the Sun news desk as that probe was deemed to be “both necessary and proportionate”.The tribunal said that the police “did not act unlawfully” in seeking of the records of Newton Dunn, France and the Sun news desk as that probe was deemed to be “both necessary and proportionate”.
“The Metropolitan police cannot be criticised for its decision to use the power granted under section 22 of RIPA in aid of the investigation into a serious criminal offence affecting public confidence in the police,” it said. “The Metropolitan police cannot be criticised for its decision to use the power granted under section 22 of Ripa in aid of the investigation into a serious criminal offence affecting public confidence in the police,” it said.
But it added, the code of practice in relation to use of RIPA drawn up in 2007 “did not provide effective safeguards” to journalists. But it added, the code of practice in relation to use of Ripa drawn up in 2007 “did not provide effective safeguards” to journalists.
RIPA is being replaced by a new law proposed under Investigatory Powers Bill published by the home secretary recently.RIPA is being replaced by a new law proposed under Investigatory Powers Bill published by the home secretary recently.
Assistant commissioner Patricia Gallan, who oversaw Operation Alice, welcomed the IPT ruling and said its hunt for the Plebgate mole was a “thorough search for the truth” at the heart of an “extremely damaging allegation that police officers had lied and conspired” to unseat a cabinet minister.
“We completely recognise the importance of journalistic privilege and how we should always, wherever possible, seek to protect that right,” she added.
She said all the Ripa applications were made in good faith.
The ruling by the IPT comes almost five years after News International outed its own reporters’ sources, including police officers, by handing over 300m internal emails to the Met as part of its bid to put an end to the phone hacking scandal.
Its move led to the trial of 21 senior Sun editors and newsroom reporters and as many public officers, many of whom were jailed.
However, in a legal challenge during one of the trials, a high court judge, Mr Justice Saunders, ruled that News International had not broken the law when it decided to hand over its own property to the police.