British anti-wiretapping agency accused of secretly wiretapping journalists

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"You were supposed to fight evil, not join it."

The UK's National Anti-Eavesdropping Authority (NACE) has been criticised by the watchdog for an illegal wiretapping attempt to identify the source of journalistic information.

The agency responsible for protecting sensitive data and objects both within the country and abroad, in October 2021, received new powers to collect metadata in the interests of national security. However, the annual report of the Office of the Commissioner for Operational Powers of the United Kingdom (IPCO) for 2022, published on March 25, revealed a number of violations.

According to the report, NACE repeatedly received data without the necessary permissions. The biggest concern was caused by five cases when the agency tried to identify the source of journalistic information without the approval of the judicial commissioner — a key measure to protect the confidentiality of journalists.

Commissioner Brian Leveson noted that the violations occurred due to a lack of awareness and training of employees, and not out of malice. However, it concluded that the Agency at that time was not competent at all to exercise its powers without close supervision.

When the violations came to light, NACE's authority to obtain data independently was temporarily suspended. After a second review in December 2022 and significant process improvements in January 2023, the agency was given back the right to independently coordinate operations.

A government official said that the authorities are now confident in NACE's ability to determine the legality and proportionality of its actions, following changes made and staff training.

The NACE incident demonstrates the importance of strict compliance with legal norms and procedures when dealing with confidential information, especially when it comes to sensitive issues such as the protection of journalistic sources.

Continuous improvement of processes, careful supervision and effective training of personnel can prevent such violations in the future and ensure an appropriate balance between the security of the state and the rights of citizens.
 
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