London Daily

Focus on the big picture.
Monday, Jul 13, 2026

Legal challenge seeks to stop ministers sending disappearing messages

Legal challenge seeks to stop ministers sending disappearing messages

Self-destructing messages are undemocratic, say transparency campaigners preparing judicial review
Ministers could be stopped from using self-destructing messages to conduct government business, following a legal challenge supported by an alliance of transparency campaigners and university archivists.

WhatsApp recently introduced the option for users to make messages permanently disappear for both the sender and the recipient after seven days. Its privacy-focussed rival, Signal, used by many Conservative MPs, has had a similar function for some time.

There are growing concerns that politicians and special advisers could be using such features to avoid accountability. Lawyers are now gearing up to bring a judicial review against the use of automatically disappearing messages, on the basis that using such functions makes it impossible to carry out the required legal checks about whether a message should be archived for posterity.

Cori Crider, a director of the campaigning law group Foxglove, said: “It’s not appropriate to conduct government business on disappearing-message platforms.

“The basic point is that privacy is for the citizen and transparency is for the government. This government is amassing more and more data on all of us and we have less and less information on them. That has the democratic bargain exactly backwards.”

Almost a decade ago, the Information Commissioner’s Office declared that private emails and text messages used to discuss government business were still subject to freedom of information requests. This followed a dispute between the Financial Times journalist Chris Cook and Dominic Cummings, then an adviser to Michael Gove, after Cummings was found to be directing individuals to contact him via his private email rather than his official work account. Gove and Cummings said they were discussing Conservative party matters, which were not covered by the rules.

However, the ruling has proved difficult to enforce, with many politicians and advisers simply being more discreet about their use of private communications accounts. To complicate matters, government business is increasingly conducted on encrypted messaging apps such as WhatsApp, which makes it harder to obtain records of the decision-making process. Some officials have also been known to use accounts on the highly encrypted ProtonMail service to avoid scrutiny.

While an individual could be prosecuted for destroying messages after a freedom of information request is received, the recent arrival of simple-to-use self-destructing messaging functions in popular apps has raised new concerns about legal processes.

The case builds on work by Richard Ovenden, who is currently Bodley’s librarian at the University of Oxford and president of the Digital Preservation Commission. He has said that politicians’ use of disappearing messages leaves them “unable to be scrutinised by the public who they are employed to serve” and affects both citizens and future historians.

The lawyers argue that existing legislation dating from 1958 requiring documents to be archived does not distinguish between formats, whether they are formal letters or disappearing digital messages.

Crider is bringing the case on behalf of the Citizens, a non-profit political group that has run campaigns including an investigation of the government’s distribution of pandemic-related contracts and the setting up of a rival Facebook oversight board. A crowdfunding campaign is expected to help with the costs of the case.

A spokesperson for the Citizens said: “Government business is being conducted under a cloak of secrecy enabled by the tech platforms. We desperately need to challenge what we believe is a clear breach of the law on behalf of both Britain’s investigative journalists and its future historians.”

A Cabinet Office spokesperson said: “Records of official communications are retained in accordance with the relevant publicly published guidance. There are appropriate arrangements already in place and this is kept under periodic review.”
Newsletter

Related Articles

0:00
0:00
Close
World Cup Visitors Turn American Big-Box Stores Into Souvenir Stops
Netflix Weighs Always-On Channels, Bundles and Short-Form Video
Passenger Is Pulled Partly Outside Ryanair Jet After Window Fails Mid-Flight
Innovation-led growth strategy
Public service reform pressure
Defence and industrial security
Labour leadership transition and economic reset
Northern England Pushes for Greater Influence in Britain’s Future Economic Model
UK Technology Strategy Focuses on Life Sciences, Digital Innovation and Research Investment
Britain and United States Maintain Focus on Pharmaceuticals Cooperation and Industrial Growth
UK Public Services Face Continued Pressure as Government Promises Visible Improvements
Regional Economic Power Becomes Key Theme in Britain’s Next Political Phase
Britain Expands Support for Small Businesses as Firms Seek Better Access to Finance
UK Economy Remains Central Political Challenge as Cost of Living and Growth Concerns Persist
National Health Service Introduces New Workplace Reviews to Improve Conditions for Healthcare Staff
UK Life Sciences Sector Secures More Than Three Billion Pounds in Investment to Support Innovation
Britain Strengthens Defence Strategy as Security Concerns Reshape Military and Industrial Policy
Andy Burnham Promises Stronger UK Defence Industry and Expanded Domestic Production
UK Government Faces Difficult Spending Choices as Labour Leadership Transition Approaches
Rachel Reeves Warns Andy Burnham of Immediate Economic Challenges After Expected Leadership Change
Andy Burnham Prepares to Lead UK Government With Plans for Regional Power Shift and Economic Reset
Government Creates Emergency Support Scheme for Financially Struggling Universities
United Kingdom Replaces Traditional Farm Subsidies With Payments Linked to Environmental Performance
National Grid Reports First Week of Electricity Generation Without Fossil Fuels
United Kingdom Financial Regulator Introduces Tougher Capital Rules for Cryptocurrency Exchanges
Belfast Harbour Expands Operations to Attract Investment Through United Kingdom and European Union Market Access
Scottish Government Threatens Legal Challenge Over Westminster Cuts to North Sea Transition Funding
United Kingdom Accelerates Trans-Pennine High-Speed Rail Project Linking Northern Cities
United Kingdom Secures Ten Billion Pound Investment for Cambridge Quantum Computing Campus
Port Talbot Steelworks Wins Support for Green Hydrogen Transition and Protection of Industrial Jobs
United Kingdom Sends Royal Navy Carrier Strike Group to Indo-Pacific as Regional Security Focus Expands
National Health Service Expands Artificial Intelligence Diagnostics Across England to Reduce Screening Backlogs
United Kingdom Launches Fifty Billion Pound Infrastructure Fund to Accelerate Housing and Construction
UK Medical Chiefs Update Health Guidance to Promote Everyday Physical Activity
Office of Communications Keeps Wikipedia Under Review Under UK Online Safety Rules
UK Defence Ministry Expands Deep-Strike Capability Through Precision Missile Programme
Russell Group Universities Warn Funding Cuts Could Damage NHS Workforce Training
UK Parliament Calls for National Emergency Broadcast as Heatwave Conditions Intensify
UK and Netherlands Strengthen Naval Cooperation With New Amphibious Defence Partnership
UK Defence Ministry Joins International Missile Programme With One Hundred and Ninety Million Pound Investment
Bank of England Warns Middle East Conflict and AI Risks Could Pressure UK Economy
UK Government Introduces New Rules to Limit Foreign Influence in Political Donations
UK and France Prepare Naval Mission to Protect Shipping Through Strait of Hormuz
United States Pressures UK to Increase Defence Spending at NATO Summit
Bank of England Warns Artificial Intelligence Investment Boom Could Create Financial Stability Risks
Bank of England Begins Direct Oversight of Critical Technology Providers Supporting UK Finance
Andy Burnham Set to Become UK Prime Minister After Labour Leadership Race Clears Path to Downing Street
Scottish Fishing Industry Calls for Emergency Support Amid Rising Costs
UK Supports Stronger European Response to Russian Actions in Ukraine
Devon and Cornwall Police Release Suspect in Ann Widdecombe Murder Investigation
×