Decision not to pursue journalists ‘was a good thing’

The former information commissioner has suggested that it was a good thing his office did not prosecute journalists for illegally buying private information.

Richard Thomas told the Leveson Inquiry into press standards that he feared newspapers would have fought the case all the way to the European Court of Human Rights in Strasbourg.

He said he was advised that reporters alleged to have paid private investigators for personal data were well-prepared and like a “barrel of monkeys”.

The inquiry has heard that the Information Commissioner’s Office uncovered a “treasure trove” of evidence linking newspapers to the trade in personal information when it raided the home of private investigator Steve Whittamore in March 2003 as part of an inquiry called Operation Motorman.

Mr Thomas told the hearing: “Maybe this is with hindsight, but perhaps thank goodness we did not prosecute the journalists.

“I don’t know when this was or at what point this was, but perhaps around about 2007, I can recall a conversation along the lines of somebody saying ‘Thank God we didn’t take the journalists to court, they would have gone all the way to Strasbourg’.”

Robert Jay QC, counsel to the inquiry, questioned why the Information Commissioner’s Office did not bring prosecutions against journalists who paid for criminal records or “family and friends” telephone numbers, which could only be obtained illegally.

Mr Thomas replied: “I can see that the media would not like any of their journalists being prosecuted, and I suspect they would for example argue there is a public interest in being able to ensure freedom of expression.”

“Now I don’t believe that, I don’t accept that. It’s one thing as to whether or not that would be successful, but one can anticipate that that sort of point would have bogged down the office for many years.”