London Daily

Focus on the big picture.
Saturday, Jul 04, 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
UK Government Consults International Partners on Maritime Trade Security and Energy Market Stability
Rare Revolutionary-Era Documents Discovered by UK Archives and Undergoing Authentication
UK Consumer Confidence Remains Deep in Negative Territory as Household Spending Stays Cautious
Transport for London Warns of Severe Disruption as Major Events Converge in Central London
NHS and Social Care Sectors Face Ongoing Recruitment Shortages Amid Persistent Workforce Gaps
Rising Energy Costs Drive Price Pressures Across UK Retail and Service Sectors
Competition and Markets Authority Expands Review of Artificial Intelligence Impact on UK Media Markets
UK Parliamentary Committees Intensify Scrutiny of National Security and Industrial Policy Legislation
Bank of England Faces Persistent Inflation Pressure as Rate Cut Expectations Fade
UK Public Finances Under Pressure as Borrowing Exceeds Forecast and Debt Nears 95% of GDP
Major Police Deployment Across Central London as Mass Demonstrations and Pride Parade Converge
Large-Scale Police Dispersal Powers Activated in Liverpool Ahead of Anti-Immigration Protests and Counter-Demonstrations
Luxury bags take over the World Cup: style, status symbol, or just showing off?
National Productivity Institute Highlights Weak Business Investment Outside Southern England
UK High Court Orders Reassessment of Environmental Impact in Major Highway Project
UK Cyber Security Centre Warns of Rising Threat From State-Sponsored Digital Espionage
UK Education Secretary Launches National Reform of Apprenticeships and Vocational Training
Financial Conduct Authority Tightens Climate Risk Disclosure Requirements for Listed Firms
Rail Union Suspends Planned Strike Action to Enter Formal Negotiations With Operators
Northern Ireland Businesses Seek Clarity Over Post-Brexit Trade Rules
Welsh Government Launches Regional Growth Plan Targeting Transport and Digital Infrastructure
North Sea Wind Sector Attracts £5 Billion Investment Amid Expansion of Offshore Capacity
Scotland and UK Governments Establish New Framework for Coordinated Investment in Energy and Infrastructure
UK Government Launches Major Immigration and Border Policy Overhaul Review
Bank of England Signals Interest Rates to Remain Elevated Despite Easing Inflation Pressures
National Health Service Warns of Severe Winter Capacity Strain Across Hospital Trusts
Chancellor Orders Urgent Treasury Review Amid Concerns Over Structural Public Finance Gap
Prime Minister Unveils Sweeping Legislative Programme Focused on Housing, Health Service Reform and State Energy Plan
UK Parliamentary Committee Launches Inquiry Into Falling Primary School Rolls and Public Service Impact
UK House of Lords Debates Electoral Commission Powers and Political Finance Reform
UK Parliament Considers Expanding Carbon Rules to International Aviation and Shipping Emissions
UK Traffic Commissioner Revokes Hampshire Haulage Operator Licence Over Regulatory Failures
UK Parliament Examines Risks in Public Contracts Awarded to Technology Firm Palantir
UK Competition Watchdog Moves Toward More Flexible Merger Rules to Support Efficiency and Growth
UK Government Seeks Approval for £1.15 Trillion Public Spending Plan Amid Scrutiny Over Department Budgets
UK Parliament Debates Sweeping National Security and Steel Industry Nationalisation Bills
UK Government Issues Formal Apology for Historic Forced Adoption Practices and Announces £4 Million Support Scheme
UK DEFENCE AND TECHNOLOGY STRATEGY TILTS TOWARD SOVEREIGN CAPABILITY AND INDUSTRIAL INVESTMENT
UK ECONOMIC POLICY OUTLOOK SHAPED BY LEADERSHIP TRANSITION AND FISCAL SIGNALS
STERLING STRENGTHENS AMID SHIFTING MONETARY OUTLOOK AND GLOBAL LABOUR MARKET SIGNALS
UK HPV VACCINATION PROGRAM NEARLY ELIMINATES CERVICAL CANCER DEATH RISK IN YOUNG WOMEN
UK EXPANDS PRISON SAFETY REVIEW AS GOVERNMENT SEEKS WIDER SYSTEM REFORM
UK DRIVES DIGITAL ASSETS STRATEGY WITH NEW STABLECOIN REGULATORY MODEL
UK TO EXPAND AI INFRASTRUCTURE THROUGH NEW EUROPEAN TECHNOLOGY PARTNERSHIP
UK LAUNCHES £15 BILLION DEFENCE TECH SHIFT TOWARD ADVANCED MILITARY SYSTEMS
CIVIL SERVICE FACES SHIFT IN POWER STRUCTURE AS REGIONAL GOVERNANCE PLANS EXPAND
WHITEHALL CONSIDERS MAJOR DECENTRALISATION PLAN WITH SECOND GOVERNMENT HUB IN MANCHESTER
UK TARGETS SERVICES EXPORT GROWTH IN TRADE TALKS WITH CHINA AMID GEOPOLITICAL TENSIONS
POLICE WATCHDOG PROBES OFFICERS OVER HANDCUFFING OF DYING TEENAGER IN HAMPSHIRE CASE
UK REGULATORS UNVEIL DUAL OVERSIGHT FRAMEWORK FOR STABLECOINS AND DIGITAL ASSETS
×