Sadiq Khan has agreed for his text messages and emails to be searched as part of a legal battle with Palantir, the high court has been told, after he prevented the US technology company from working with the Metropolitan police.
The London mayor stepped in to block a £50m deal between Palantir and the Met in May, with the artificial intelligence developer suing Khan’s office over the decision.
Legal representatives for the mayor said they “did not originally consider it necessary” for Khan to be among those to have their communications searched before next year’s court case. But they relented, citing persistence from Palantir.
Sarah Brown, Khan’s former director of communications, who now works for the prime minister, Andy Burnham, will also have her correspondence searched.
The proposed two-year deal would have allowed Palantir, which works for the Israeli military and the Trump administration in its immigration crackdown, to provide AI technology to automate intelligence analysis in criminal investigations.
But the Mayor’s Office for Policing and Crime (Mopac), which oversees large Scotland Yard contracts, said there had been a “clear and serious breach” of procurement rules. It said police had seriously considered only one supplier (Palantir).
After the announcement, Palantir accused Khan of “putting politics above public safety” before declaring in June that it planned to sue the London mayor.
At a preliminary hearing on Thursday, the high court was told Khan and more than a dozen other Mopac and Greater London Authority officials would be classed as “custodians”.
The designation means their digital communications, including text messages, WhatsApp messages, and Microsoft Teams chats – insofar as they exist – will be searched for anything relevant to the issues in the legal tussle. These will then be disclosed to Palantir.
Joseph Barrett KC, for the mayor’s office, said in written submissions: “Mopac did not originally consider it necessary or proportionate for the mayor to be added as a custodian, given that the decision was taken by the deputy mayor for policing and crime; his senior position; and the likelihood that any documents held by him would be held by other individuals.
“However, Palantir has persisted in its requests, and Mopac has consented on a pragmatic basis.”
Brown, who in July moved from the mayor’s office to be appointed director of communications at Downing Street, was also listed as a custodian, meaning she too will have her correspondence searched, the court heard.
The decision to include Brown comes after Palantir said in court documents outlining its claim that press articles regarding the mayor’s office vetoing the Met deal cited concerns about Palantir’s values and ethics. Mopac has confirmed Brown “initiated” press briefings about the move.
The date range for the communication searches is still to be determined.
Mopac reportedly is demanding to see Palantir’s own internal documents related to the deal, which the company is said to be resisting.
