An investigative journalist in Northern Ireland has launched High Court action against the police over alleged unlawful attempts to identify a confidential source.
The reporter, who specialises in covering serious crime and paramilitary activity, is seeking damages from the PSNI for harassment and breaches of privacy and data protection.
A judge granted anonymity to the journalist, referred to as YZL, based on concerns about the threatening environment in which they work.
Proceedings centre on efforts to obtain communications data made back in 2014. Police acted covertly and made applications under the Regulation of Investigatory Powers Act aimed at identifying a journalistic source for a news story at the time, it is contended.
Lawyers for YZL stress that any request for material which could reveal a private contact must be justified by an overriding public interest.
Another journalist, former BBC Northern Ireland Home Affairs correspondent Vincent Kearney, has already been awarded £20,000 in damages against the PSNI and MI5 for unlawfully obtaining data from his mobile phone.
Mr Kearney, who now works for RTE, took a case to the Investigatory Powers Tribunal in London.
In September last year an independent review by Angus McCullough KC identified 21 unlawful uses of covert powers by police to try to uncover reporters’ sources.
His report related to up to eight journalists but found no basis for concerns that PSNI surveillance of journalists was widespread or systemic.
A separate lawsuit has now been brought against the Chief Constable on behalf of YZL.
Lawyers representing the reporter are seeking a declaration of illegality, an injunction and compensation for the alleged campaign of surveillance.
They also want full disclosure of any steps taken against their client.
Papers lodged at the High Court in Belfast claim a misuse of private information, along with breaches of both the Data Protection Act 2018 and Protection from Harassment (Northern Ireland) Order 1997.
During a preliminary hearing last Friday Mr Justice McAlinden granted an anonymity order after being told YZL’s work depends on being able to use confidential sources and ensure their protection.
The case was listed for a further review in early November.
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