A ruling in a tribunal case involving journalist Vincent Kearney has brought to light the covert surveillance of reporters by the Police Service of Northern Ireland (PSNI). An independent review conducted by lawyer Angus McCullough KC found that the PSNI unlawfully monitored eight journalists between 2011 and 2024 in an effort to identify their sources. This surveillance was described as not "widespread or systemic" by McCullough.
Kearney suspects that MI5 may have unlawfully accessed his communications data in 2006, a period during which he was covering the murder of Robert Donaldson. The Independent Tribunal into Security Force Operations (IPT) has been investigating the actions of intelligence agencies. MI5 has not provided a reason for unlawfully accessing Kearney's communications data as part of his IPT case.
The Donaldson family has expressed concerns about these revelations, believing they may also have been subjected to some form of phone data surveillance. Jane Donaldson, daughter of Robert Donaldson, stated that the family is considering requesting their own IPT investigation.
McCullough's review had unrestricted access to PSNI records for the period examined. While it found no evidence of widespread or systemic surveillance of journalists, it did confirm that eight other journalists, in addition to Kearney, had been subjected to unlawful monitoring. The details of Kearney's case emerged as part of a BBC tribunal victory, which brought previously undisclosed information about hidden data collection into the public domain.