London Daily

Focus on the big picture.
Saturday, Oct 03, 2026

UK ministers accused of ‘government by WhatsApp’ in court

UK ministers accused of ‘government by WhatsApp’ in court

Two high court cases brought by transparency campaigners exploring whether use of self-destructing messages is unlawful

Transparency campaigners have accused ministers of conducting “government by WhatsApp” in the UK’s third-highest court, arguing that the use of self-destructing messages on insecure platforms is unlawful and undemocratic.

Ministers and government officials could be stopped from sending “disappearing messages” after failing to keep public records of exchanges on personal phones, email and WhatsApp.

Some of those communications addressed matters of considerable public importance relating to the pandemic response and the awarding of government contracts.

From Tuesday, two separate cases will be heard over three days, with a decision at a later date.

The first case is brought by transparency campaigners All the Citizens (ATC) and non-profit Foxglove over the use of disappearing messages and auto-delete functions. The second case, brought by the Good Law Project, focuses on private devices.

On Tuesday, the high court heard that the prime minister, Boris Johnson, has used personal WhatsApp accounts to communicate “critical decisions”.

Ben Jaffey QC, representing ATC, said the messages could serve as a “public record for future societies” and that deletion does not adhere to “meaningful and parliamentary democracy”, allowing for “scrutiny through inquiries or court proceedings”.

The campaigners are also seeking an end to a Cabinet Office policy of deleting messages sent on personal devices, in some cases using functions that auto-delete messages after seven days, which they argue breaches the Public Records Act.

The government’s legal team contend that it is not unlawful for ministers to choose how they communicate, and the use of private devices is common in modern workplaces.

Executive director of ATC, Clara Maguire, said the case was prompted by a refusal from the Cabinet Office to answer questions on the use of WhatsApp for government business, which contravenes government policy.

She said: “It’s extraordinary that we’ve had to come to court to try and get answers. Our evidence reveals disappearing messages have been used time and again. This period, Boris Johnson’s government, will be a black hole for future historians.”

Evidence submitted to the judge includes several witness statements in which key figures of government are named for their use of personal devices and auto-deletion.

These include Johnson’s former chief adviser Dominic Cummings, half the permanent secretaries in the Cabinet Office, all the special advisers and most Cabinet Office ministers, including the former health secretary, Matt Hancock, and the education secretary, Nadhim Zahawi.

The evidence also shows that the prime minister requested summaries of his “red box” submissions by WhatsApp to his personal phone, even though No 10 policy prohibits the use of the platform for “non-trivial communications”.

In their written arguments, the claimants’ lawyers contended that the “admitted instances of the use of automatic deletion are likely to be the tip of a much larger iceberg”.

The government’s legal team has suggested that information in private accounts is “not, in principle, inaccessible” and can be retrieved on request, that although their use is discouraged it is not banned, and contend that “it is possible to operate automatic deletion lawfully and fairly”.

In a written submission, they argued that “there is no principle” of common law stopping ministers or officials from communicating in a way “they consider appropriate”.

They continued: “The claims advanced are detached from the reality of current working practices. The modern working age is defined by instant and fast-paced communications.”

The cases continue.

Newsletter

Related Articles

0:00
0:00
Close
Church of England to Apologize for Role in Historical Forced Adoptions
UK Defence Ministry Investigates Historical Use of RAF Bases by Jeffrey Epstein
Scottish Housing Completions Fall to 11-Year Low
Welsh First Minister Calls for Expanded Devolution Settlement
UK Pledges £50 Million to Expand Domestic Military Drone Capabilities
UK Opens First Commercial Geothermal Plant in Cornwall
Green Party Wins Gorton and Denton By-Election as Labour Falls to Third
Prime Minister Andy Burnham Opens Review of UK-EU Relationship
UK Inflation Rises to 3.1%, Adding Pressure on Household Finances
UK Removes VAT From Domestic Electricity Bills to Ease Winter Energy Costs
Counterterrorism Police Arrest Sixth Suspect Over RAF Fairford Incident
UK Councils to Receive Sweeping Planning Powers to Ban New Vape and Betting Shops
Chancellor John Healey Faces Tax and Pension Scrutiny Ahead of Autumn Budget
Metropolitan Police Apologise for Accidental Disclosure in High-Profile Investigation
UK Universities Report Record International Enrolment as Housing Pressure Grows
UK Logistics Firms Monitor Rhine Disruption as Low Water Threatens European Supply Chains
UK Food Industry Warns Inflation Could Approach 7%
UK Introduces Vaping Duty and Mandatory Retail Stamps
Scotland Raises Property Taxes and Expands Child Payment in Annual Budget
Greggs Plans Four Factory Closures With 740 Jobs at Risk
OECD Raises UK 2026 Growth Forecast to 1.1%
UK Inflation Rises to 3.1% as Bank of England Faces Rate Debate
Andy Burnham Criticises Brexit and Says Rejoining EU Single Market Remains an Option
UK Imposes New Sanctions on Russian Military Networks and Propagandists
UK Launches Nationwide Early-Release Prison Scheme
Andy Burnham Says Security Services See Signs of Iranian Involvement in RAF Fairford Incident
Manchester City Found Guilty on Premier League Financial Charges After Independent Investigation
Scottish Court to Rule on Bid to Force No-Confidence Vote Against Aberdeen Council Co-Leader
UK Bans Extra Charges for Seating Children Under 12 Beside Accompanying Adults
UK Introduces Vaping Duty and New Licensing Requirements
Greggs to Close Four UK Factories and Cut 740 Jobs
Hundreds of Prisoners Released Early as England and Wales Prisons Reach 98% Capacity
UK Unveils New Russia Sanctions Targeting War Funding and Shadow Fleet
Burnham Says There Are Strong Indications of Iranian Involvement in RAF Fairford Security Breach
Prime Minister Andy Burnham Raises Prospect of Reviewing Britain's Post-Brexit EU Relationship
Markets Price in Bank of England Rate Increases as Inflation Rises to 3.1%
UK Borrowing Costs Climb Toward 5.5% as Global Bond Sell-Off Intensifies
UK-France One-In-One-Out Migration Agreement Expires as London Seeks Alternative Measures
Southwest England Faces Flood Alerts After Heavy Autumn Storms
UK Expands Funding for Rapid Electric Vehicle Charging Infrastructure
Welsh Government Approves Funding to Upgrade South Wales Transport
Northern Ireland Tensions Rise as Orange Order Rejects Drumcree Compromise
NHS Leaders Back Early Design of Proposed National Care Service
More Than One-Third of Regional UK Universities Face Financial Deficits
UK Current Account Deficit Narrows as Cross-Border Financial Flows Remain Strong
Bank of England and FCA Issue New Rules for Stablecoins and Digital Assets
MI5 Warns UK Universities Over Research Links With Chinese Institutions
UK Energy Price Cap Rises 4% as Electricity VAT Is Temporarily Suspended
Equity Calls for UK Personality Rights to Protect Performers From AI Replication
OpenAI Pauses Advanced Model Training Following Safety Concerns
×