The improper access to journalists’ phone records demands immediate attention and answers from the Government and the Garda Síochána Ombudsman Commission (Gsoc), says the largest civil rights group in Ireland. Labelled as a “spy operation” against journalists by the Irish Council for Civil Liberties (ICCL), it voiced apprehensions about the lawfulness and transparency of the data harvesting activities and insisted that vital questions must be clarified now.
Liam Herrick, the executive director of the ICCL asked, “Who was targeted and the reason behind it? On what legal basis did Gsoc execute this operation? When was the operation initiated and the frequency of it?” He warned that the tracing of journalists’ informants in ambiguous situations could jeopardise press independence and public access to information.
With respect to the protection of journalism, Minister for Justice Helen McEntee and Gsoc need to reply to these questions promptly, insisted Herrick. The call from the ICCL came following the news that several reporters are contemplating legal action against Gsoc after receiving their personal data from the regulator, who verified the examination of their phone records.
In response to enquiries, Gsoc stated that they are legally obliged to investigate if there is proof that a Garda member may have disclosed sensitive or personal details about a citizen. Gsoc claimed that such a disclosure was a transgression of the law and it was allowed to look into phone records while strictly adhering to the law. It refused to provide any further comments or answer questions regarding the verification of journalists’ phone records.
Responding to enquiries, the Department of Justice emphasised that Gsoc is wholly independent in executing its legal functions under the Garda Síochána Act 2005 and is expected to operate within the purview of the law. Gsoc serves as the Garda observer organisation that probes allegations of misconduct, including criminal acts lodged against gardaí.
In recent times, it has emerged that the Police Service of Northern Ireland has had to confess to constantly obtaining the phone records of journalists in the North for over ten years. Meanwhile, multiple journalists in the Republic have managed to acquire their personal data held by Gsoc, which they assert shows evidence of the Garda watchdog tapping into their phone records in an effort to pinpoint sources.
The journalists, some of whom have opened up to The Irish Times, expressed a belief that their records were fetched as part of inquiries involving gardaí, whilst clarifying that they weren’t personally facing any allegations. It’s a crime for gardaí to leak data, however, only if the disclosure could potentially cause harm. It’s not a crime for journalists to be on the receiving end of such information.
The ICCL emphasized the essential role of journalists as a significant public surveillance entity in Irish society, noting that securing their sources was of paramount importance to ensure they can carry out their professional duties.
It mentioned that the safeguarding of the sources was endorsed by the Constitution and Article 10 of the European Convention on Human Rights. The ICCL added that this protection had “been consistently upheld” by the European Court of Human Rights.
The Communications (Retention of Data) Act 2011 underwent amendments in 2015, granting Gsoc and the Garda the ability to tap into the phone records of citizens.