London Daily

Focus on the big picture.
Wednesday, Sep 09, 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
British Chambers of Commerce Forecasts UK Growth of 1% as Investment Remains Weak
UK Suspends Local Government Reorganisation Decisions and Cancels Planned Shadow Authority Polls
UK Parliament Opens Inquiry Into Gaps in Climate Change Preparedness
Andy Burnham and Xi Jinping Hold Talks on Trade, Security and British Consular Cases
UK Joins France, Canada and Other Nations in Measures Against Israeli West Bank Settlements
UK Announces New Sanctions Targeting Iranian Nuclear and Military Networks
British Chambers of Commerce Calls for Business Rate Reform and Productivity Support
UK Farmers Warn Dry Summer Could Reduce Crop Yields and Push Up Food Prices
UK Rail Networks Hit by Widespread Delays After Major Signalling Failures
Matt Clifford Resigns as ARIA Chair After Conflict-of-Interest Scrutiny
UK and France Say Joint Border Operations Have Prevented More Than 48,000 Irregular Channel Crossings
UK Core Inflation Remains Above Expectations as Utility and Commodity Costs Stay Elevated
Jaguar Land Rover Considers Up to 4,000 UK Job Cuts Amid Automotive Industry Pressure
UK Government Pauses Local Authority Reorganisation for Legal Review
UK Public Borrowing Reaches £1.8 Billion in July, Adding Pressure Before Autumn Budget
Chancellor John Healey Puts Regional Devolution and Fiscal Discipline at Heart of UK Growth Plan
Counter-Terrorism Police Lead Salford Investigation After Two Teenagers Charged
UK Rejects Financial Reparations for Transatlantic Slavery
UK and Egypt Step Up Diplomacy Over Escalating West Bank Tensions
UK Pauses Council Reorganisation Across Four English Counties
Jaguar Land Rover Plans 4,000 Job Cuts in Major UK Restructuring
UK Unveils Planning and Regulatory Overhaul to Speed Infrastructure and Economic Growth
University of Bristol Opens £500 Million Innovation Campus
Families Give Evidence to Independent Review of Sussex Maternity Failures
Sweden Confirms Deportation of 458 British Citizens Over Post-Brexit Residency Rules
UK Launches £3 Million Challenge for Long-Duration Energy Storage
Reform UK Proposes £100 Billion in Spending Cuts and Brownfield Deregulation
Andy Burnham Warns Macron That EU Procurement Rules Could Hurt British Steel
Andy Burnham Faces Major Decision on Future North Sea Oil and Gas Drilling
SEND Support in England Projected to Reach One in 10 Pupils
England’s Housing Courts Struggle With Surge in No-Fault Eviction Cases
Violent Clashes Erupt in Portsmouth During Protest Against Asylum Processing
Three-Quarters of NHS Emergency Staff Report Regular Violence or Aggression
UK Considers Converting Female Prison Space for Male Inmates as Overcrowding Worsens
UK House Prices Record First Annual Decline in Nearly Three Years
UK Government Reassesses Policy Toward Israel Amid Calls for Diplomatic Shift
Reform UK Faces Police Scrutiny Over Alleged Foreign Donations Scheme
University of Bristol Opens £500 Million Temple Quarter Enterprise Campus
Online Bookmakers Accused of Privacy Breaches Through Cookie Consent Practices
Health Campaigners Urge UK Government to Abandon U.S. Pharmaceutical Agreement
Three-Quarters of UK A&E Staff Report Regular Violence or Aggression
Far-Right Demonstrations Target Portsmouth as Small-Boat Crossings Fuel Tensions
UK Records Hottest Summer on Record After Severe Heatwaves
UK Travellers Face Renewed EU Border Delays as Temporary Flexibility Ends
UK Rejects Calls to Pause AI Data Centre Expansion Despite Energy Concerns
UK Defence Figures Push for 3% Spending Target Amid Falklands Concerns
England Faces Rising Financial Pressure as Special Educational Needs Plans Surge
Metropolitan Police Consider Reform UK Probe Over Overseas Donations
Keir Starmer to Leave Parliament, Triggering By-Election
UK Treasury Weighs Windfall Taxes on Banks and Oil Companies Amid Bond Market Turmoil
×