Home Office draft code of conduct would let police access journalists’ communications data without notification
The National Union of Journalists (NUJ) and Press Gazette are calling for a shield law to protect reporters from having data of conversations accessed by the police without notification.
A draft code of conduct from the Home Office would allow the police to access communications data – including when phone calls take place and emails are sent, as well as who they are between – without letting the journalists know.
The code states that this information is not subject to “professional privilege”.
The statement continued: “The degree of interference with privacy may be higher where the communications data being sought relates to a person who is a member of a profession that handles privileged or otherwise confidential information (such as a medical doctor, lawyer, journalist, member of parliament, or minister of religion). It may also be possible to infer an issue of sensitivity from the fact someone has regular contact with, for example, a lawyer or journalist.
“Such situations do not preclude an application being made. However applicants, giving special consideration to necessity and proportionality, must draw attention to any such circumstances that might lead to an unusual degree of intrusion or infringement of privacy, and clearly note when an application is made for the communications data of a medical doctor, lawyer, journalist, member of parliament, or minister of religion.”
NUJ spokeswoman Sarah Kavanagh said: “The code in and of itself, regardless of any amendments after consultation, will still not ensure protection for journalists and their sources. What is required is primary legislation which would protect journalists.”
A consultation period for the draft code will end on 20 January.
This comes as over a thousand journalists have signed an online Save our Sources petition started by Press Gazette in September, after members of police admitted that they accessed the phone records of reporters on papers including the Sun and Mail on Sunday in order to find the sources of stories.