Police Scotland breached data code in journalist surveillance, report finds

Police Scotland acted in breach of data surveillance rules in attempting to discover journalists' sources, according to an official report published today.

An inquiry by the Interception of Communications Commissioner's Office found five occasions, all relating to the same investigation, on which Police Scotland sought communications data in order to determine either a journalist’s source or the communications of those suspected to have been acting as intermediaries between a journalist and a suspected source. In contravention of the Acquisition and Disclosure of Communications Data Code of Practice 2015, para 3.78, judicial approval was not obtained to acquire this data.

The national force is one of two previously unnamed UK forces that have been under investigation for possible breaches of the code.

The Commissioner, Sir Stanley Brunton, further concluded that the five applications also failed to satisfy the requirements of necessity and proportionality or to give due consideration to article 8 or article 10 of the European Convention on Human Rights. In addition, two of the applications had been approved by a designated person who was not independent of the investigation, in breach of para 3.12 of the code.

"I am satisfied that four individuals were adversely affected by these contraventions and that the failures identified can properly be viewed as reckless", he said. "I have written to those individuals and provided them with sufficient information to enable them to engage the Investigatory Powers Tribunal effectively should they wish to do so."

He also emphasised that Police Scotland had co-operated with the inquiry and had put in place significant measures in order to prevent any recurrence. 

Scottish Liberal Democrat justice spokesperson Alison McInnes said the findings reinforced the need for a wider inquiry into the workings of Police Scotland. She would press for Holyrood's Justice Committee to call both the chief constable and Justice Secretary to appear before it to account for their actions. 

Mr Matheson said the force's actions were "unacceptable", and welcomed an announcement that the Scottish Police Authority had asked HMICS to review the robustmess of procedures.