This is something that could have increasing relevancy in New Zealand. Consider the police raid on Nicky Hager and confiscation of computers recently
UK
police slammed for using anti-terror laws to uncover secret sources
RT,
31
October, 2014
British
police have come under heavy criticism from MPs and journalists, who
accuse them of using controversial laws to identify anonymous
sources, despite such communications being ‘privileged’ and
protected under common law.
According
to journalists, senior officers used a law (often reserved for terror
suspects) to reveal the names of protected sources who blew the
whistle on two senior Met officials.
The
stories were printed in The Sun and the Mail on Sunday, two of
Britain’s largest national newspapers.
The
law, known as the Regulation of Invest Powers Act (RIPA) was
introduced in 2000, and specifies when authorities are allowed to
access communications, particularly on the internet and mobile
electronic devices.
One
of the allegations includes the intercepting of correspondence
between the Sun’s political editor, Tom Newton Dunn, and officers
providing details on ‘Plebgate’, a scandal in which former
cabinet minister, Andrew Mitchell, allegedly swore at two police
officers.
The
allegations come as the Press Gazette, a journalists’ trade
publication, which launched a ‘Save Our Sources’
campaign, tendered Freedom of Information (FOI) requests to multiple
UK police forces seeking details on their deployment of RIPA
legislation.
Some
30 forces have reportedly refused to issue a response.
Of
those, 20 allegedly refused on cost grounds. A further ten said
disclosure would risk “undermining national security,”
the Press Gazette reported.
“It
was a fairly simple process for them to identify which telephone
numbers could be linked to police officers,”
said the editor of the Press Gazette, Dominic Ponsford.
Politicians,
including the Home Secretary Theresa May and the government’s
interception of communications commissioner, have also hit out at the
grave misuse of RIPA. Currently, the Home Secretary is revising the
RIPA laws to restrict its use only for the most serious case.
The
allegations follow statements made earlier this month by Britain’s
former Lord Chancellor, Lord Falconer, who condemned police use of
snooping laws to access confidential sources.
Other
campaign groups, including the Open Rights Group (ORG), said RIPA
would have huge implications for the future of electronic
communications, and could deter whistleblowers from exposing corrupt
practices.
The
ORG also said it backs “stronger protection for
journalists and their sources,”
and claimed “it is right that overuse of RIPA is
addressed.”
This
is not the first case in which British authorities have been accused
of ignoring protection laws in order to access secret communications.
Earlier
in October, the lawyers of two Libyan men, who accuse the British
government of being complicit in rendition and torture, told the
Investigatory Powers Tribunal their communications with advocates and
journalists were intercepted by British intelligence agencies.
The
UK government has not made any formal statement on the allegations,
but is considering an appeal in the Supreme Court after judges
granted one of the men the right to sue the British government in
open court.
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