London Daily

Focus on the big picture.
Saturday, May 31, 2025

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
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
U.S. Justice Department Reduces American Bar Association's Role in Judicial Nominations
U.S. Department of Energy Unveils 'Doudna' Supercomputer to Advance AI Research
U.S. SEC Dismisses Lawsuit Against Binance Amid Regulatory Shift
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
Italy Faces Population Decline Amid Youth Emigration
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Trump Accuses China of Violating Trade Agreement
Gerry Adams Wins Libel Case Against BBC
Russia Accuses Serbia of Supplying Arms to Ukraine
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
Chinese Woman Dies After Being Forced to Visit Bank Despite Critical Illness
President Trump Grants Full Pardons to Reality TV Stars Todd and Julie Chrisley
Texas Enacts App Store Accountability Act Mandating Age Verification
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Vatican Calls for Sustainable Tourism in 2025 Message
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
Trump Threatens 25% Tariff on iPhones Amid Dispute with Apple CEO
Putin's Helicopter Reportedly Targeted by Ukrainian Drones
Liverpool Car Ramming Incident Leaves Multiple Injured
Australia Faces Immigration Debate Following Labor Party Victory
Iranian Revolutionary Guard Founder Warns Against Trusting Regime in Nuclear Talks
Macron Dismisses Viral Video of Wife's Gesture as Playful Banter
Cleveland Clinic Study Questions Effectiveness of Recent Flu Vaccine
Netanyahu Accuses Starmer of Siding with Hamas
Junior Doctors Threaten Strike Over 4% Pay Offer
Labour MPs Urge Chancellor to Tax Wealthy Over Cutting Welfare
Publication of UK Child Poverty Strategy Delayed Until Autumn
France Detains UK Fishing Vessel Amid Post-Brexit Tensions
Calls Grow to Resume Syrian Asylum Claims in UK
Nigel Farage Pledges to Reinstate Winter Fuel Payments
Boris and Carrie Johnson Welcome Daughter Poppy
×