£10k for ex-PC in spy scandal
Payout over Police Scotland privacy claims
POLICE Scotland has been ordered to pay £10,000 in damages to a former officer after it was ruled to have acted unlawfully in obtaining communications data.
An Investigatory Powers Tribunal (IPT) concluded the force’s actions were contrary to the Human Rights Act of 1998.
It followed fears that officers had been ‘illegally spying on journalists’.
Two former police officers and their wives, together with two serving policemen, took the action against the force to ‘complain of the collateral interference with their privacy’.
Sir Stanley Burton, the Interception of Communications Commissioner, ruled in November 2015 that Police Scotland contravened the acquisition and disclosure of communications data code of practice on five occasions.
His office conducted a review after claims linked to the investigation into the murder of prostitute Emma Caldwell in 2005.
Gerard Gallacher, a former police officer who carried out an 18-month journalistic investigation into the case, is to be paid £10,000 after telling the tribunal he had suffered an ‘invasion of privacy, familial strife, personal stress and strain and loss of longstanding friendships’ as a result of Police Scotland’s actions.
The IPT ruled the interference with his rights to freedom of expression were ‘serious in respect of the obtaining of more than 32 days of communications data’.
Of the six complainants, only Mr Gallacher and his wife had been seeking compensation.
The tribunal also ordered that an inquiry into the breach of guidelines by police be conducted by a senior officer from another UK police force.
Last week Phil Gormley, the Chief Constable of Police Scotland, asked Mike Barton, Chief Constable of Durham Constabulary, to head an independent investigation into the issue. Detective Inspector David Moran, one of the complainants in the case, welcomed ‘the judgement of the IPT in connection with their examination of Police Scotland’s unlawful actions in trying to ascertain the sources of a journalist’ after a newspaper published an article which was critical of the Emma Caldwell murder investigation.
Mr Moran said he was concerned that all matters, whether potentially criminal or non-criminal, should be on the agenda for the inquiry.
Last year, Mr Moran contacted MSPs on Holyrood’s justice committee, saying he had been falsely identified as the source for the newspaper article and this had left his reputation severely scarred.
He is seeking a public declaration by Police Scotland that there was no wrongdoing on his part.
Police Scotland Deputy Chief Constable Iain Livingstone said the force would ‘consider and act’ on the findings of the IPT.
‘Falsely identified as the source’