London Daily

Focus on the big picture.
Friday, Aug 14, 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
UK Condemns Houthi Actions and Warns of Red Sea Threat to Global Trade
UK and Solomon Islands Open Wildlife Photography Exhibition in Honiara
UK Small Businesses Face Continued Cash Flow and Tax Pressures
Greatham Marsh Restoration Restores Tidal Wetland in Hartlepool After More Than 200 Years
UK Health Regulator Urges University Students to Check Meningitis and Measles Vaccination Status
Mining Remediation Authority Completes Major Ground Stabilization Works in Scottish Community
UK Food Crime Investigators Seize 33 Tonnes of Illegal Food in Multi-Agency Operation
Technical Qualification Uptake Hits Record High as Advanced Mathematics Results Improve
UK Summer Temperatures on Course to Challenge Long-Standing Records, Met Office Says
UK Farmers Bring Forward Cereal Harvests as Drought Threatens Yields
Wildfires Surge Across England and Wales as Fire Chiefs Report Record July
UK Nurses Warn of Heat Risks as Hospital Staff Struggle With Extreme Temperatures
Southern Water Seeks Drought Order for Hampshire and Isle of Wight Amid Water Shortages
UK Heatwave Pushes West London Temperature to 38.1 Degrees as Health Alerts Continue
UK Economy Grows 0.4% in Second Quarter Despite Global Uncertainty
China’s Kimi Launches AI-Focused Credit Card With Agricultural Bank of China and American Express
UK Residents Gather to Watch Rare Partial Solar Eclipse
Reform UK Deputy Leader Richard Tice Faces Criticism Over Legal Threat Against Guardian Journalist
Michael Forsyth Elected Speaker of the House of Lords
Cambridge Researchers Launch £20 Million Human Organoid Drug Testing Programme
Heathrow Loses European Passenger Traffic Lead to Istanbul Airport
Households Near New UK Electricity Pylons to Receive £250 Annual Energy Bill Discount
UK Government Estimates Zero-Hours Contract Ban Could Cost Employers Up to £3 Billion a Year
Robert Jenrick Leaves Conservatives for Reform UK in Major Parliamentary Defection
UK Police Chiefs Urge Government to Block Early Release of Andrew Harper Killers
UK Government Holds Emergency Cobra Meeting as Drought and Heatwave Raise Wildfire Risks
Former Labour Adviser Arrested on Suspicion of Spying for China Held Privileged Access as Top Party Donor
Turkish Parliament Passes Landmark Bill Granting Conditional Amnesty to Disarmed PKK Members
Donald Trump Warns FIFA Against Ousting Gianni Infantino Amid Revolt by Global Football Leaders
Jeff Bezos Joins Investor Group Closing In on $6 Billion Liverpool FC Stake
Police Conduct Cross-Border Raids Against Northern England Drug Network
Nicola Sturgeon Protested at Edinburgh Festival Fringe Event
Major UK Retail Chain Enters Administration With One Hundred Fifty-Four Stores Set to Close
Heathrow Renews Call for Runway Expansion After Losing Europe’s Busiest Airport Ranking
Government Condemns One Million Pound Thames Water Executive Bonus Amid Drought
NHS England Says More Than One Hundred Thousand Hepatitis C Patients Have Been Cured
UK Foreign Secretary Ed Miliband Calls for End to West Bank Settler Violence
UK Prepares for Deepest Partial Solar Eclipse Since Nineteen Ninety-Nine
UK Heatwave Triggers Amber Health Alerts as Economic Losses Reach Four Point Four Billion Pounds
UK Offers Electricity Bill Discounts to Communities Hosting New Power Infrastructure
Bank of England Expected to Hold Interest Rates at Three Point Seven Five Percent
UK Government Moves to Ban Subscription Traps and Misleading Retail Discounts
Andy Burnham Gives Councils New Powers to Block Betting and Vape Shops
UK Councils to Receive Sweeping Planning Powers to Ban New Vape and Betting Shops
Nicola Sturgeon Says She Has No Contact With Estranged Husband After SNP Embezzlement Case
Police Arrest Two Men After Aberdeenshire Defense Technology Office Break-In
Greater Manchester Councils Gain Powers to Restrict New Vape and Betting Shops
Coroner Finds Treasury Workplace Failures Contributed to Personal Assistant’s Suicide
English and Welsh Courts Ban Meta Smart Glasses Over Recording and Privacy Risks
Strait of Hormuz Disruption Could Double UK Inflation and Trigger Recession, Forecasters Warn
×