Chief constables told to give details of inquiries that have used Ripa powers to acquire data to identify journalistic sources

The police have been ordered by the prime minister’s snooping watchdog to reveal whether they have used their surveillance powers to identify journalists’ sources.

Sir Paul Kennedy, the interception of communications commissioner, has launched a full inquiry following two cases in which the police have accessed telephone and email records to identify journalists’ sources.

He has urged Home Office ministers to accelerate the introduction of promised protections for journalists, lawyers and others who handle privileged information, including confidential helplines, from such police surveillance operations.

“I fully understand and share the concerns raised by the protection of journalistic sources so as to enable a free press,” Kennedy said. “Today I have written to all chief constables and directed them under section 58 (1) of the Regulation of Investigatory Powers Act (Ripa) to provide me with full details of all investigations that have used Ripa powers to acquire communications data to identify journalistic sources. My office will undertake a full inquiry into these matters and report our findings to the prime minister.”

The surveillance watchdog said he would make public his report so “as to develop clarity in relation to the scope and compliance of this activity”.

At the weekend it emerged that the police force investigating the Chris Huhne speeding points case secretly obtained the phone records of a journalist and one of his sources even though a judge had ruled that the source should remain confidential.

It has also been disclosed that the Metropolitan police used the same Ripa law to obtain the phone data of the political editor of the Sun newspaper to identify a whistleblower in the Plebgate affair involving the former Tory chief whip Andrew Mitchell and Downing Street policemen.

The Home Office minister James Brokenshire promised in July during the passage of emergency data retention legislation to amend the code of practice on the police acquisition and disclosure of communications data, including phone and web use records, to ensure that professional concerns about privileged information were taken into account.

“The communications data code of practice was drafted some eight years ago and, unlike the interception or surveillance code, which were recently updated, contains no advice on dealing with professions that handle privileged information or the use of confidential helplines,” said Kennedy.

He said this was a problem for himself as a watchdog, as his role was to inspect how the police and other public authorities complied with the law, including codes of practice.

“I urge the Home Office to expedite matters to bring about an early consultation,” he said. “There needs to be an informed discussion to bring about agreement as to what that advice will be.”

He said the new advice should reflect the balance between freedom of expression and the need to detect crimes or protect national security. “I urge all those who feel strongly about this topic also to contribute to the consultation.”

A Home Office spokesman confirmed the intention to strengthen the code to ensure special consideration was given in the case of journalists and lawyers.

“A free press is fundamental to a free society. There are measures in place to ensure that police powers are not abused and in addition the government is planning to review investigatory powers and capabilities and how they are regulated,” he said.

“As a result of the recent Data Retention and Investigatory Powers Act, the relevant codes of practice will be strengthened to make it clear that specific consideration should be given to a communications data request involving those in sensitive professions, such as journalists.

“The interception of communications commissioner provides robust independent oversight of the acquisition of communications data and the interception of the content of communications,” he added.