London Daily

Focus on the big picture.
Saturday, Mar 21, 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
Lord Walney Warns of Expanding Iranian Influence Networks Within the United Kingdom
Iranian National Among Two Arrested After Attempt to Access UK Nuclear Submarine Base
Deregulation, Artificial Intelligence, and Fraud Laws Reshape UK Financial Services Landscape
UK Considers Lower Speed Limits to Reduce Fuel Use Amid Escalating Energy Crisis
UK Borrowing Costs Surge to Post-Crisis High as Markets React to Inflation and War Risks
UK Government Prepares Emergency Economic Measures as Iran Conflict Fuels Financial Risks
Meningitis B Outbreak in the UK Raises Urgent Health Warnings as Cases Surge
Iran Issues Stark Warning to Britain Over US Base Access Amid Expanding Conflict
United Kingdom Authorizes US Strikes from British Bases as Iran Threatens Key Shipping Routes
Reform UK Suspends Scottish Candidate Following Financial Misconduct Allegations
Apple issues an unusual warning: this is how your iPhone can be hacked without you doing anything
UK and Nigeria Reach Agreement to Accelerate Return of Irregular Migrants
UK Sets New Aid Priorities Following Significant Budget Reductions
Cyprus President Urges Open Dialogue Over Future of British Sovereign Base Areas
Cyprus President Urges Open Dialogue Over Future of British Sovereign Base Areas
UK Plans 50% Steel Tariffs in Bold Move to Protect Domestic Industry
Iran Conflict Sends Shockwaves Through UK Economy as Energy Costs and Trade Risks Surge
UK Health Officials Warn Kent Meningitis Outbreak Still Active as Cases Continue to Rise
UK Climate Progress Faces Scrutiny Over Reliance on Carbon Accounting Methods
UK Deploys Advisers to United States to Shape Plan for Reopening Strait of Hormuz
Amazon Bets on AI-Driven Alexa Upgrade to Revive UK Smart Speaker Market
UK Abortion Law Changes Spark Strong Response from Church Leaders and Pro-Life Advocates
UK Abortion Law Changes Spark Strong Response from Church Leaders and Pro-Life Advocates
GB News Faces Regulatory Complaints Over On-Air Remarks on ‘Genocide’ Claims
UK Signals Expanded Support for Gulf Allies as Iranian Attacks Intensify Regional Threats
UK VAT Decision Opens Path for Potential Refunds to U.S. Biopharma Firms
UK and Canada Advance ‘Middle Power’ Strategy to Shape Global Influence Beyond Superpowers
Google Explores AI Opt-Out Features in Search to Address UK Regulatory Concerns
Google Explores AI Opt-Out Features in Search to Address UK Regulatory Concerns
UK Fuel Prices Poised to Surge as Global Tensions Drive Oil Market Volatility
UK Fuel Prices Poised to Surge as Global Tensions Drive Oil Market Volatility
UK Holds Back on Hormuz Escort Mission While Continuing Talks with Allies
TrumpRx Pricing Platform Faces Scrutiny as Some Medicines Remain Costlier Than in the UK
UK, Netherlands and Finland Explore Joint Defence Investment Bank to Boost Military Capability
Deadly Meningitis Outbreak in Kent Raises Alarm as Cases Surge and Emergency Response Expands
UK Security Adviser Viewed US-Iran Nuclear Deal as Within Reach Before Sudden Escalation
UK Prime Minister Urges Continued Focus on Ukraine Amid Escalating Iran Conflict
UK Introduces New Safeguards to Shield Lenders from Bank Run Risks
UK Promotional Products Market Surpasses £1.3 Billion as Demand Strengthens in 2025
Reeves Pushes for Deeper UK-EU Economic Ties to Revive Growth
UK Security Adviser Saw No Imminent Iranian Nuclear Threat Days Before War Erupted
France Signals Warm Welcome for UK Return to EU Single Market Amid Renewed Cooperation Talks
UK Defence Official Criticises Boeing Over Delays to E-7 Wedgetail Programme
UK Urged to Secure Quantum Talent as Minister Warns Against Repeating AI Setbacks
UK Mayors Set to Gain New Spending Powers Under Reeves’ Fiscal Devolution Plan
Western Allies Urge Restraint as Israel Weighs Expanded Ground Operation in Lebanon
Trump Warns NATO Faces ‘Very Bad’ Future Without Stronger Allied Support in Iran Conflict
UK Minister Says Britain Not Bound to Support Every Demand From U.S. President
Starmer Tells Trump Britain Will Not Be Drawn Into Wider Iran War
Starmer Tells Trump Britain Will Not Be Drawn Into Wider Iran War
×