MI5 Ordered to Pay Damages for Unlawful Journalist Surveillance, Tribunal Rules

MI5 has been ordered to pay damages to Northern Irish journalist Barry McCaffrey following a ruling by the Investigatory Powers Tribunal (IPT). The tribunal concluded that the security service unlawfully obtained and retained McCaffrey's communications data.

This decision is believed to be the inaugural instance where MI5 has been directed to provide compensation to a journalist for unlawful surveillance. The precise sum of the damages remains undisclosed.

The IPT's judgment found that MI5 violated McCaffrey's human rights, specifically Article 8 (right to respect for private and family life) and Article 10 (freedom of expression) of the European Convention on Human Rights, by accessing his phone records without proper authorisation. The surveillance concerned material relating to a historical murder investigation.

McCaffrey has consistently maintained that the data access was an attempt to uncover his journalistic sources. The case underscores persistent concerns regarding state surveillance powers and their impact on press freedom and the protection of journalistic integrity in the UK.