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Police secretly obtained reporter’s phone records in Huhne investigation Police secretly obtained reporter’s phone records in Huhne investigation
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Police investigating the former MP Chris Huhne’s speeding fraud secretly obtained a Mail on Sunday reporter’s phone records without his consent, despite laws protecting journalistic confidential sources, it has emerged.Police investigating the former MP Chris Huhne’s speeding fraud secretly obtained a Mail on Sunday reporter’s phone records without his consent, despite laws protecting journalistic confidential sources, it has emerged.
The newspaper revealed it had learned officers from Kent police used laws designed for anti-terrorism to identify a source police had failed to secure through a court application. The newspaper revealed it had learned officers from Kent police used laws designed for anti-terrorism to identify a source they had failed to secure through a court application.
In a strong leader article, the Mail on Sunday said the revelation demonstrated the law was giving “officials frightening and near-totalitarian powers”.In a strong leader article, the Mail on Sunday said the revelation demonstrated the law was giving “officials frightening and near-totalitarian powers”.
It said police were using these secret powers to “wrongfully” seize the phone records of thousands of innocent people.It said police were using these secret powers to “wrongfully” seize the phone records of thousands of innocent people.
This is the second time in a month it has emerged that the police have secretly ordered phone companies to hand over journalists’ phone bills, fuelling fears that media organisations will not be able to protect sources, particularly whistleblowers in the police. It is the second time in a month that revelations have emerged of the police secretly ordering phone companies to hand over journalists’ phone bills, fuelling fears that media organisations will not be able to protect sources, particularly police whistleblowers.
In September it emerged accidentally that the Metropolitan police had obtained the Sun’s newsdesk telephone records and those of its political editor, Tom Newton Dunn, to try to identify who had leaked it the Plebgate story about the former Tory chief whip Andrew Mitchell’s altercation with police at the gates of Downing Street.In September it emerged accidentally that the Metropolitan police had obtained the Sun’s newsdesk telephone records and those of its political editor, Tom Newton Dunn, to try to identify who had leaked it the Plebgate story about the former Tory chief whip Andrew Mitchell’s altercation with police at the gates of Downing Street.
Kent police used these laws after the Crown Prosecution Service had applied for disclosure of material from the Mail on Sunday in an effort to identify the source who was the basis of stories about the Huhne affair. Kent police used these laws after the Crown Prosecution Service applied for disclosure of material from the Mail on Sunday in an effort to identify the source who was the basis of stories about the Huhne affair.
The CPS also wanted disclosure of material they believed had been provided by Constance Briscoe, a barrister and part-time judge who was jailed in May for trying to pervert the course of justice as part of the investigation into Huhne.The CPS also wanted disclosure of material they believed had been provided by Constance Briscoe, a barrister and part-time judge who was jailed in May for trying to pervert the course of justice as part of the investigation into Huhne.
The application was made under the Police and Criminal Evidence Act (Pace), which enshrines the principle of journalistic privilege and allows journalists and their employers to make representations to the court to protect their sources.The application was made under the Police and Criminal Evidence Act (Pace), which enshrines the principle of journalistic privilege and allows journalists and their employers to make representations to the court to protect their sources.
On this occasion the judge ordered that the Mail on Sunday did have to disclose material but with names of sources redacted. On this occasion the judge ruled that the Mail on Sunday did have to disclose material but with names of sources redacted.
Some of Briscoe’s emails in relation to the speeding fraud referred to her having a police source and Mr Justice Sweeney subsequently ordered that a police force should investigate whether she had compromised the investigation into Huhne’s speeding ticket.Some of Briscoe’s emails in relation to the speeding fraud referred to her having a police source and Mr Justice Sweeney subsequently ordered that a police force should investigate whether she had compromised the investigation into Huhne’s speeding ticket.
Unknown to the Mail on Sunday, Kent police secretly went to their journalist’s mobile phone provider and ordered the release of phone records. They did not use Pace, which requires the police to go to court, but a different law – the Regulation of Investigatory Powers Act (Ripa) – to get the records. Unknown to the Mail on Sunday, Kent police secretly went to their journalist’s mobile phone provider and ordered the release of records. They did not use Pace, which requires the police to go to court, but a different law – the Regulation of Investigatory Powers Act (Ripa) – to get the records.
Ripa can be used with approval from an officer of superintendant level or above and does not require the police to disclose their intentions to snoop on journalists. Ripa can be used with approval from an officer of superintendant level or above, and does not require the police to disclose their intentions to snoop on journalists.
“They trawled through thousands of confidential records called by journalists from a landline at the busy newsdesk going back an entire year, covering hundreds of stories unrelated to the Huhne case,” the Mail on Sunday said.“They trawled through thousands of confidential records called by journalists from a landline at the busy newsdesk going back an entire year, covering hundreds of stories unrelated to the Huhne case,” the Mail on Sunday said.
The paper said the source of its story was identified by police to be a freelance journalist in Cornwall, Andrew Alderson, and details of telephone calls and emails between him and its news editor David Dillon were passed to Huhne’s defence lawyers.The paper said the source of its story was identified by police to be a freelance journalist in Cornwall, Andrew Alderson, and details of telephone calls and emails between him and its news editor David Dillon were passed to Huhne’s defence lawyers.
Police files included an entry which read: “Landline attributed to David Dillon for the period 14/11/2011 to 13/11/2012. Checked for contact with all numbers …” Police files included an entry which read: “Landline attributed to David Dillon for the period 14/11/2011 to 13/11/2012. Checked for contact with all numbers
Keith Vaz, chairman of the parliamentary home affairs select committee, told the paper that the snooping had “struck a serious blow against press freedom”. Keith Vaz, the chairman of the parliamentary home affairs select committee, told the paper that the snooping had “struck a serious blow against press freedom”.
Vaz said if this was how police were going to use Ripa powers, “we need to know which police authorities are using it, the number of applications made and why”. Vaz said that if this was how police were going to use Ripa powers, “we need to know which police authorities are using it, the number of applications made and why”.
He said he would suggesting to the select committee that they call on the interception of communication commissioner to answer questions on the use of Ripa and its justification. He said he would suggest to the select committee that they call on the interception of communication commissioner to answer questions on the use of Ripa and its justification.
According to the Mail on Sunday, Kent police believe the use of Ripa rather than Pace, which protects journalists, was justifiable. A spokesman told the paper: “These applications were proportionate, lawful, necessary and were relevant lines of inquiry for the investigation and the faces were made available to the court and defence.”According to the Mail on Sunday, Kent police believe the use of Ripa rather than Pace, which protects journalists, was justifiable. A spokesman told the paper: “These applications were proportionate, lawful, necessary and were relevant lines of inquiry for the investigation and the faces were made available to the court and defence.”
Media lawyers and press freedom campaigners, including Liberty and the National Union of Journalists, expressed deep concern about the police’s use of Ripa last month when the police revealed they had snooped on the Sun and Newton Dunn. Media lawyers and press freedom campaigners, including Liberty and the National Union of Journalists, expressed deep concern about the police’s use of Ripa last month when it was revealed they had snooped on the Sun and Newton Dunn.
Scotland Yard refused to reveal to the Guardian and other media organisations how many times it had used Ripa to force phone companies to have over journalists’ phone records.Scotland Yard refused to reveal to the Guardian and other media organisations how many times it had used Ripa to force phone companies to have over journalists’ phone records.
The Guardian is now awaiting a response from the Met to a freedom of information request for information in relation to its investigation into the Sun.The Guardian is now awaiting a response from the Met to a freedom of information request for information in relation to its investigation into the Sun.