Today’s Sunday Herald reports that Police Scotland has illegally spied on journalists to try to identify their sources, citing the Interception of Communication Commissioner’s Office:

However, IOCCO last month revealed that two unnamed forces had breached the revised Code since March 25.

It said: “Two police forces have acquired communications data to identify the interactions between journalists and their sources in two investigations without obtaining judicial approval.

“These breaches were identified during our inspections. In these cases the normal RIPA process was used and the data was approved by a designated person.”

In one of the cases, a force acquired the data of a newspaper’s suspected source and of a former police employee believed to be acting as an intermediary.

Willie Rennie has been quick to seek answers from the Justice Secretary, Michael Matheson. He wrote:

This has been a difficult period for our Police force and these latest reports are clearly of significant concern.

Our police officers play a vital role in keeping us safe but I am sure that you will agree that they are not above the law. The rules around accessing communications data were changed under the last UK government for good reason. A free press is vital to holding the powerful to account.

Use of these powers without proper judicial approval is wholly unacceptable. I am aware that neither Police Scotland nor the Scottish Government have confirmed these reports. I would urge you, as Justice Secretary, to show leadership and confirm whether the details reported in the media are accurate.

If Police Scotland is to regain some of the credibility that has been lost in recent weeks then transparency is vital. You have the power to end the uncertainty over whether Police Scotland accessed communications data illegally. I would encourage you to use it.

This is not the first time there have been concerns over Police Scotland and civil liberties. Its cavalier approach to stop and search and putting armed police routinely on the streets are just two issues which have caused concern in the last year. Liberal Democrat Justice spokesperson Alison McInnes has played in a pivotal role in forcing changes in policy. This may well be yet another instance where Liberal Democrat intervention protects civil liberties.