Second Witness Statement of Christopher Graham - The Leveson ...

For Distribution to CPs
iN THE HATTER OF THE LEVES.QIN~ ~N__QUIRY
SECOND WITNESS STATEHENT OF CHRISTOPHER GRAHAM
I~ Christopher Graham, ofI
l will
}:n orde~~ ..... to heip ’:.:he Inquiry further, :[ :should Iike tc: c,..omn.en:t.-, .......... o~
~o~- ,~,~"~ ~:oin~s .... raised in evidence by othe~s,
This second witness statement: adds to :the account :~ h:a .....
~,1 ..... ~s,~:~.
given of events within my own knowledge that occur:red ~uh~,,.:u:~n~
:. ~ :~ aF:p~.~n~ment as Information Commissioner in June 2009, ::This
=u pp!e n ~,_ ~! ~a r y witn ess statement adds to,, but does not subt~act:
from my earlier statementi wllicf~ i believe to be true~
The facts in t:his ~upp.fernentary witness: statement are ’" .... "
own knewiedge or obtained from reading the documents relating t:o
thi~ matt#.:"
For ,,:’os~’~ * of reference:this sta [ement has:b ~e~ "~ ~’., ,:rn: ~"d, ke ~u: .~ o~:~,: ~*,,;~-’: s :a o~,,~
n u m be rs or refe fences to docu ments in the b u n d l e su bruitre d wit h
thi:s statement,
~y attention has been drawn to evidence from Ms Pia
Sarma of News International,. In this connection :I: also r~o:te
the impiication in the cross exarr.~ination by r,,!r Davies that:
the "blagging: of ex--directory telephone numbers shouid
net be ~egarded as a breach of section 55of the Data
Protect on A : c~ ~ t ’*, 998 DPA "~’ , be~ausu~0 :’ ~’*" ,-~ in many ................. , z,U:~o.~:%
informa~ion could be obtained, apparent!y iawfulty; from
]:
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For Distribution to CPs
various commerdal online providers, f4v, pr.;d~c~-~.,~r, ,"*’ .’.~ :" ~’:~:, ¯
Richard Thomas touched r,n: ~h < o~ it in his evidence,. I
. . ....... p ~n.
have m.ade enquiries about ......
thes:e online servic,,~,s ,:~:~.,,,.~" ";~-: made
..... as~ssracnt jf their iegal _~,d:us.
It is not uncommon practice for phone numbers, including
e×-d[rec~ory numbers, volunteered by custo.mers to be
recorded on business databases and retained 5or !ater use,
:Such }nformation may then be shared with ;other
c,ompan!esi including so called Identity Management
Businesses ("]NBs’),, provided ~hat: individuals hav~-been
informed that this will happen and have been given an
opportunity not to have their details sha~ed. Approp:riate
data sharing agreements should aiso bein place.
1,3 The ICO has given advice in this ~,:n~ .w: -~ ~ ......
Where: ~ad,~ ~’;"~ :~wa:s become ~ aware that their p~r~’s~..~’-’,~!.~ ~:
[nformat[on is being made available in t:his wav~ and they
a~~ not happy about it, it s not uncomm:~;~ for .~:ne
t:~d.., ~., ~,;:~ ~ua.~ ~- i-* affected to raise ~’: :~n_ matter with th,:, company
concerned.,, perhaps following a s~b~ect a:cress :.~*~.~,:q.uest_,~.
(~SAR"}_ under the DPA, The e.,~ v,.-. ;d:~_ nc~:.. .~ available to ’::’{ :: ,~"." office
~.~

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:~.,.aay o

For Distribution to CPs
!it!gants access to the: materiel affecting them: ~,:,~ a~

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. i~’~t ~’~’~’ ~ "~
Despite this offeri l was not .~n~=~t~..db~ ~ any .: ~, ; n~,~pap.:~r
~.~:’: .... ,,#~
group, seeking a~.s:~ tothe ~oton~anmat....n:;~" ~ ~ ~.~ndl ~
Feb~ua rv. 20 t 1. instead, there was a ~=~ ......
,~, ,=~: ~:~’,~::~
sustamed campaign by the print media against ~:~ny
sug0estion~ of toughe~’ penalties for .~,~.~. ~,,,:~,-~."~ ~"~ _,,.,

For Distribution to CPs
or in i~esponse to a subject au~e.~ -~’ ~.~ rexu:e_.t ~ ....~< ..... u..’~, latt:ery~
fo!lowing the logic of the,: ~.ourt orders :~.nat had been
a~. :}n earlier staq÷.
Hy attention has been drawls to the evidence ,.,::
Hai~tley from Associated Ne,vspa.~,e.r

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Foi!owing the lunch,. Mr Satchwe!l ask ~’ --~ ...... me to c,..~’"~, ":,:fl~*~’m
driat my offer was riot confined to any one gro:}iD:. r~s~ I
was happy ~o do by emai~ on ~ ~:~:,.
3,4 There followed contact by L,h~sdes ~:a~ ~:~de, Assistant
d~tor of the Da:iiy blail~ seek:ing access to tl~e Motorman
records which retated to AN L titles, ]:t was agreed ~:hat
.ANi... should have access to: the !:nf~,,: ,",’~:~:~,~,u~,n~;.~ whi

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sc~readsheets were prepared as a working too:i~ They aid
~::he navigation and anatysis of the recovered mateHai: But
H-~s,,_ ~, cannot replace the evidence: of it ] ......
~’! e,~:~ ~’ ~"~ ~.~: ::: .~
themse:ives.
L~K,~ -u~ .... a reporter ~ ~< ~ notebook, . ..... th,~ ~ ,,~,~:~ ~.~:~ ....... ..... _~ no doubt . made
perfect sense to the man who made the em..tries, But: the
entries in ~he edge i ~ ’ ~rare
often am~,: ~: .:~, gt~uu~ ,~, and ,~
dear "
~hat in attempting to t.ranscdbe the ,~,,,,,. d g..x~, ~-~ *~.-, o:n.~ ~. to the
~p~uadsheet~ some m.istakes were made, ~ be/iev:e this
may explain some of the discrepancies mei~tioned ii:’,, r, ls
H art iey. "s e v ide n ee, I d o r.. o t b e iiev e i t ,~-~] .~- :r:~ ~. e"~’~ :" h 0~: b road
th~ust of the chailenge to the newspaper" business and to
:~ubiic ;9o icy pused by the actf,~hes h~gn~gnted in the
Znfor m a tion Co m m i ssi o n e r’s rep o r~~_ o ~ more than fi ve
years ago°
3.8 D~ the almost two years since :[ made my offer t:o the
newspapers, the ]:CO has moved on. Our investigal::ions
team has been engaged in many other pr:ojects and
pdoritie.% inc!uding, I ..."nay add, the investigation ,9nd
prosecution of section 55 breaches that in no way
invoived the press. Perhaps it was nc, t surpri[sing that: l:he
sudden interest of the Mail ti:ttes: in the F1o~orman
materials caught the office somewhat unprepared and ~:he
visit ~o W ii mslow o n 17 Aug ust,. i n the m!ddle of t:he
summer holiday period, did notgo weli, S:ubseq{xent: visits
have been handled by our :[nterna! Cornpiiance team and
I amnot aware tha~ ti~ere have been probtems.
i]ave made enquiries of my staff ~:o estabi;ish what:
happened when ANL.. ep~m~e:n:ta~:v~,~ ......
*" ~’ ~:~,~.~. The
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For Distribution to CPs
3, ! 0, :lust prior to: the visit to Wiimslowi ou< invest.ioat:ors were
~a~o: ~:~e~ that Mr Ga rslde would not be attending h:~m~4~:!,,.
but thatother o ~ ~.p, ~ ....:~ est.ntad:,e;~, ’÷"~ ~ of A4L n: ,,~,....u:ld ,~,~, ~’, ~,e ~"’" ~.,~K~ng ’ his
place. Those representatives were Ted Verity, ~h:~ D~.~:~,,~
Editor of The Mail on SuP, day,, John We!iington, !:he
Hanaging Editor of the Nail on ,~,~: .~o;,, ano ]u ian Darrail
and Edward Young, solicitors with ANL .~.t ~ had .~.~-.-’~, .... :~,~:,-~
Clear to Mr Garside thai: a copy-’~ ~>’~ .........
relevant to.. Associated titles could be made ava l,~blea~d" ~ ’
the same assurance was given to tt~e ANL
representatives,
On the day, t~owever, the ANL team ~ns:~,~e:~: J~::.pect:ed
,.., be ao~e to have copies of al :document:s and reievant
pages: of the ellow and g~n I~-,,~-,,~,~ It ...... ~’ : ~ ....
~.hat we were not going to provide this as it wou!d take a
d ;~propnrtk)nate. ~ .amount_ of time ",~u ........ ,, ~dact ........ "~’~,~e kedger:s ....
and the information would be contained in the e~ect...":onic
database which was i:o be orovided to Ehem,
3~ 12 It is urifort:unate that the infarmadon~ t.~, pnav~dec’ ’ c:n. :~h;,,...~. f~:st
disc was not an accurate.: record of thu ~ ’l~~f,..,~" ’-’~:~:}M.}.j~ ~ ~ ’,-~ ~ in the
books as R: did not contain ali the information /,~::k

For Distribution to CPs
aware of any dissatisfaction on: th~ ....’~ ,.
.. !.,~r~ of ANL until 1~:
read Ms Harttey’s ~.~it:ness statement,
,Around the same time as the ANL. visit oi" subsequently
.~,e~:, ,.. ][CO ~as opproached by a number of other ~’~,,-~:,~,~, .,, ~,.,,,:~
o~’ga~,,~a~.,on.-, seeking access to the i’4o~orman material as
7! "~, ,~ly office was contacted on 27: 3u v :20:1:.1.b.~;" ~.h,!* ~~p
Abrams, Editorial Complaints Director at BR~" ~:,~ fo/iowino
the announcement of the Leveson ]:nquiry~ He l::ad
~dentified potent:ial!y relevant information ,
originated from one of the ledgers (the: yetlow book)
pubtistsed on the What L,,,~ T!sey Kno;~’ web:site. ~ ......... ~ q:.~.
enqbt,les relating to this over the ~etephcne "
¯ a ~1 (]
by emait and we later provided him with the additional
information he required., A ~.*.~ ~.on ~,4d..,n ~.:.l,:~.,~,~d ~"
. ia~,~r :* v,~,:.~,--~" ~;~,-~ ~, ~t,
production companies ~he -"" :. ~.o ,.
¯ BBC may have used at .....~e
time of Operation Motorman. [vly :office mrovlded f:urther
information to assist the t:n~ernal :i ,~,’~~’~

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R:osenblatt Solicitors on encrypted dis{: on 27: October-
20! 1,
On I:9 August 2011, ’Tina Savy..Davies, tega! co~.snsei on
behalf of: Bauer .... Media~ c:ontacted ~= ~,’ ~ office rega~dine ~,
.~’eferences to Closet, magazine in the :~~:"~ ~"~’~, ~, ~ ~ k~"~;";"~, ~,~ P,

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agents. ’This conf.act is being coordinated by ourT !...’!lternal
Compiia~ce tearer
There t~as also been significant cor~ta,::t with: St!,at::hc{yde
Polk:e ~n~e July 2011 !n connectio~ w:ith separate}.,,,. c ~,", i e
iTwest:igations involving Scott:ish ~