London Daily

Focus on the big picture.
Thursday, Aug 27, 2026

Legal challenge to ‘government by WhatsApp’

Legal challenge to ‘government by WhatsApp’

The government is facing a High Court challenge over its use of WhatsApp and instant messaging.

Official guidelines have emerged which say ministers must ensure instant messages on an internal system are deleted.

Transparency campaigners say this is "unlawful" and have secured a judicial review of the rules.

Ministers are banned from using WhatsApp and private email for discussing government business.

But Cori Crider, director of campaigning law group Foxglove, told BBC News the rules were clearly not being followed and were incoherent.

"This is the first case of its kind, and it raises a critical issue in modern government. We're doing this to defend the integrity of our public debate. We can't learn from history if the evidence has vanished into thin air."

The group has argued that using messaging systems that allow texts to be deleted violated the Public Records Act of 1958, which requires legal checks to be made on messages in case they need to be kept for the public interest.

It also represented a threat to the integrity of our public record and Freedom of Information laws, campaigners said.

The Cabinet Office said it did not comment on specific legal cases.

A spokesman added: "Ministers will use a range of modern forms of communication for discussions, in line with legislative requirements, and taking into account government guidance."

But Labour's deputy leader, Angela Rayner, said ministers "must not govern by private messages that are then deleted", adding: "This is completely undemocratic and an attack on transparency and accountability."

'Switched off'


Ministers' use of private email, text and messaging services has been at the centre of growing concerns in recent months.

Some of Boris Johnson's WhatsApp messages were revealed by Dominic Cummings, as the prime minister's former chief adviser sought to expose shortcomings in the government's handling of the Covid crisis.

But these had apparently been captured in screen shots by Mr Cummings. WhatsApp messages can be set to self-delete.

It has now emerged in documents released by the High Court that ministers and officials are told to ensure their internal Google chat instant message chats are deleted.

A confidential Cabinet Office guidance document from February this year said: "Instant messaging is provided to all staff and should be used in preference to email for routine communications where there is no need to retain a record of the communication.

"Instant message history in individual and group chats must be switched off and should not be retained once a session is finished.

"If the content of an instant message is required for the record or as an audit trail, a note for the record should be created and the message content saved in that.

"For example, written up in an email or in a document created in a word processor which is itself saved into the relevant drive."

'Dangerous'


Foxglove, which is bringing the case on behalf of the claimants - non-profit media group the Citizens - said there was no evidence of officials ever following this procedure, and that the rules were "all over the place".

Clara Maguire, director of the Citizens, said Tuesday's select committee report into the government's handling of the pandemic showed a "culture of secrecy contributed to tens of thousands of excess deaths".

"We believe this case goes to the very heart of this problem and we look forward to proving government by WhatsApp is not only dangerous but also unlawful," she added.

Newsletter

Related Articles

0:00
0:00
Close
TSA Unveils Major Airport-Security Overhaul as It Drops Gold+ Privatization Plan
CIA Chief Warned Russia Against Attacking NATO in Secret Moscow Mission
Raheem Sterling Charged With Dangerous Driving After Lamborghini Crash
The Secret Dolly Parton Kept Until Her Death: "She Was Much Sicker Than She Let On"
Middlesbrough House Fire Kills Woman and Seven-Year-Old Girl
Prince Harry and Meghan Markle Return to UK Amid Renewed Media Attention
Raheem Sterling Charged With Dangerous Driving After London Collision
Greenpeace Threatens Legal Action Over Crown Estate Offshore Wind Leasing
Nvidia Revenue Surges to Ninety-Six Point Two Billion Dollars on Artificial Intelligence Demand
Meta Agrees to Global Youth Safety Changes Following Multi-State Legal Settlement
UK Government Plans Autumn Summit With Scottish, Welsh and Northern Irish Leaders
CMA Caps Veterinary Prescription Fees at Twenty-One Pounds
Thames Water Pilot Records Forever Chemicals at Thirteen Times the Legal Limit
Kent Meningitis Outbreak Reaches Thirty-Four Confirmed Cases
Forty Children Missing From UK Asylum Accommodation Remain Unaccounted For
UK Court Upholds VAT on Private School Fees
US Designates Palestine Action as Foreign Terrorist Organization
UK Approves Massive New Chinese Embassy Complex in London Amid Security Concerns
Prime Minister Andy Burnham Visits Kyiv and Offers Cruise Missile Designs to Ukraine
Glacier Collapse, Not Earthquake, Triggered Deadly Nepal-Tibet Flood
Andy Burnham Drops Plan to Cap Political Donations
Conservative Leadership Contest Intensifies as Robert Jenrick Attacks Kemi Badenoch
French-Born Defence Secretary Wes Streeting Condemns Homophobic Abuse Since Taking Office
UK Government Delays Commercial Robotaxi Rollout in London Over Regulatory Gaps
NHS Complaints About Autism and ADHD Care Waiting Times Triple Over Five Years
UK Government Launches 10,000 Work Placements for Young People With Sainsbury's
NHS England to Offer Free At-Home Cervical Cancer Screening Kits
EU Biometric Border Checks Cause Delays of Up to Five Hours for British Travellers
US Imposes Economic Sanctions on UK-Based Protest Group Palestine Action
Two Planned UK Datacentres Could Produce More Annual Carbon Emissions Than ExxonMobil's Entire UK Operation
London Surgeons Complete First Artificial Intelligence-Assisted Brain Tumour Removal
UK Services Growth Rebounds as Consumer Confidence Reaches Two-Year High
Ofgem Confirms Four Percent October Energy Price Cap Increase for UK Households
Government Considers Insolvency Law Changes to Bring Thames Water Into Public Ownership
Andy Burnham Signs Artificial Intelligence Defence Pact During Visit to Kyiv
Church of England Faces Renewed Scrutiny Over Historical Safeguarding Failures
Reform UK Proposes £30 Tax Credit for Long HMRC Telephone Queues
Greater Manchester Secures More Than £100 Million to Upgrade Victorian Railway Stations
East Midlands Railway Urges Essential Travel Ahead of Bank Holiday Strikes
UK Economy Grows 0.4 Percent in Second Quarter as Global and Energy Pressures Weigh
UK Government and Sainsbury’s Launch Plan for 10,000 Youth Work Experience Placements
Scottish Government Plans Tighter Remote-Working Rules and Possible Voluntary Redundancies
Scottish Budget Faces More Than £700 Million Reduction After Tax Revenue Adjustment
Nearly 100 Labour MPs Press Andy Burnham to Back Electoral Reform Commission
UK Energy Price Cap Rises Four Percent to £1,723 as Middle East Conflict Drives Wholesale Gas Costs
Turnbull Warns AUKUS Could Leave Australia Without Promised Nuclear Submarines
California Billionaires Pour More Than $150 Million Into Fight Over Proposed Wealth Tax
German Broadcaster Goes Dark to Warn AfD Could End Its Saxony-Anhalt Service
Badenoch Plans Major Shadow Cabinet Reshuffle as Tories Struggle in Third Place
UK Government Demands Action Against Social Media Content Promoting Dangerous Driving
×