London Daily

Focus on the big picture.
Saturday, Sep 19, 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
England Tightens School Food Standards With Restrictions on Deep-Fried and High-Sugar Foods
Oxfordshire Village Votes Symbolically to Leave UK Over Proposed Asylum Centre
Michael Marra Elected Leader of Scottish Labour
BBC Cash Reserves Fall Sharply as Financial Pressures Mount
George Osborne Calls for UK to Rejoin EU Customs Union
UK Explores Joining Canada-Led Global Defence Bank
Thirlwall Inquiry Highlights Management Failures Surrounding Lucy Letby Crimes
Parliamentary Committee Calls for New UK Law to Address AI Risks to Human Rights
UK Considers Giving Regional Mayors Greater Oversight of Water Companies
UK Opposition Presses Burnham for Stronger Response to Russian Security Threats
Reform UK Faces Scrutiny Over £72 Million in Donations as Political Finance Rules Tighten
Millisecond Software Failure Behind UK Air-Traffic Outage That Cancelled More Than 2,000 Flights
Bank of England Holds Interest Rate at 3.75% as Energy Prices Complicate Inflation Outlook
Burnham Warns of Difficult Choices in October Budget as UK Inflation Rises to 3.1%
Addison Lee Founder Loses £20.5 Million Non-Domicile Tax Case
BrewDog Creditors Face Heavy Losses After Collapse
Thirteenth Metropolitan Police Officer Dismissed Over Charing Cross Conduct
Oxfordshire Village Votes Symbolically to Leave UK Over Asylum Accommodation Plan
NHS Approves Life-Extending Treatment for Women With Incurable Breast Cancer
Software Defect Blamed for Major UK Air Traffic Disruption
Twenty Women Underwent Unnecessary Mastectomies at County Durham NHS Trust
British Steel Costs Taxpayers £1.3 Million a Day as MPs Demand Long-Term Plan
UK Parliament Advances Sovereign Grant Reform Setting Royal Funding at £99.9 Million
King Charles Urges Human-Centred Approach to Artificial Intelligence at Scotland Summit
House of Lords Begins Scrutiny of Voting-Age and Political Finance Reforms
UK Labour Market Shows Growing Divide Between Younger and Older Workers
Nearly Seven in 10 UK Small Businesses Delay or Cancel Growth Plans as Costs Rise
Andy Burnham Reaffirms UK Net-Zero Target Amid North Sea Energy Debate
UK Parliament Demands Credible Financial and Decarbonisation Plan for British Steel
MPs Urge Government to Reject Thames Water Rescue Deal and Prepare Special Administration
Bank of England Holds Rate at 3.75% as Energy Shock Raises Inflation Risks
TUC Calls for Social Energy Tariff Funded by Higher Taxes on Bank Profits
UK Parliament Enters Conference Recess After Advancing Sovereign Grant Legislation
King Charles Hosts Artificial Intelligence Leaders at Dumfries House Summit
Nearly Seven in Ten UK Small Businesses Delay or Cancel Growth Plans as Costs Rise
Anthropic Details Malicious Use of Claude in Cyber, Weapons and Influence Operations
McLaren Announces £500 Million UK Investment and 1,000 New Jobs
Scotland and Wales Sign Cardiff Agreement to Deepen Cooperation on Shared Policy Priorities
UK Government Moves to Fully Fund Teacher Pay Award as Strike Threat Recedes
UK Competition Regulator Deepens Scrutiny of Microsoft’s Business Software and AI Market Position
NHS England Reforms Focus on Cutting Waiting Lists and Improving Digital Care
England Maintains Mandatory Housing Targets in Push for 1.5 Million New Homes
UK Government Plans Statutory Industrial Strategy Council to Strengthen Long-Term Economic Policy
Asthma Charity Warns of Major Gaps in Childhood Diagnostic Testing Across England
TUC Chief Paul Nowak Appointed to Bank of England Court
Bristol Opens £35 Million Deep-Tech Innovation Hub at Temple Quarter
Oxfordshire Village Votes Symbolically to Leave UK Over Asylum Housing Plan
Andy Burnham Deepens UK Defense and AI Cooperation With NATO and Canada
UK Government Announces Neonatal Safety Reforms After Thirlwall Inquiry
Bank of England Weighs Rate Decision as UK Inflation Rises to 3.1%
×