Judge to probe ‘government by WhatsApp’: Ministers face review over use of private messaging service

Ministers and Whitehall officials are to face a full judicial review over their use of WhatsApp to conduct official government business.

A High Court judge yesterday gave the green light to transparency campaigners to prove the Cabinet Office had acted unlawfully in doing so. 

In the first case of its kind, they will argue that crucial policy decisions are being decided on the messaging service – but are then deleted. 

Boris Johnson has previously been accused of overseeing ‘Government by WhatsApp’, with claims the ‘entire’ pandemic response was conducted over the encrypted messaging service – prompting the Information Commissioner to launch a probe into the use of private correspondence channels in Westminster.

Yesterday, The Citizens, and Foxglove, who brought the case, said they looked forward to proving the Government’s use of the app for official business violates the Public Records Act of 1958. 

During yesterday’s hearing it emerged that a confidential Cabinet Office policy stated ministers and officials were required to set internal chats to delete at the end of every conversation.

A Cabinet Office spokesman said: ‘Ministers will use a range of modern forms of communication for discussions, in line with legislative requirements, and taking into account government guidance.’

However, another previously secret Number 10 policy banned the use of personal phones, email, and WhatsApp for government business at all.

The claimants – who are seeking to ‘stop the wholesale destruction of the public record’ – branded the guidelines a ‘confusing, contradictory mess’.

Following the ruling, Foxglove Director Cori Crider said: ‘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.’

Reports have continued to emerge over the past year as to how much communication among ministers and officials is carried out over WhatsApp.

Earlier this year a whistleblower revealed the controversial debate between Public health England and Department for Health officials over whether patients should be discharged from hospital without a negative test early in the pandemic had been carried out over the messaging service.

While in June, Dominic Cummings revealed explosive evidence of heated debates between him and the prime minister over what to do about the struggling test and trace system and ventilators.

In the wake of the revelations, the Information Commissioner launched an investigation into the use of private correspondence channels at DHSC.