Scottish Government Implements Ban on WhatsApp for Official Communications

The Scottish government will prohibit its ministers and staff from utilizing WhatsApp for official duties. This directive was issued by Deputy First Minister Kate Forbes, following an external review concerning the usage of messaging platforms. The decision comes after revelations from The UK Covid inquiry, which disclosed that officials and ministers had removed WhatsApp messages pertinent to the pandemic period. Ms. Forbes stated that her administration is dedicated to “standards of openness, transparency, and accountability.” She announced that the practice of using WhatsApp or any other “non-corporate” messaging services for governmental affairs would cease starting in spring next year. In a parliamentary statement, Forbes asserted, “Government business should happen on government systems which are secure, searchable and allow the appropriate sharing of information, in line with our statutory duties.” Members of the Scottish Parliament (MSPs) were informed that non-corporate messaging applications would be uninstalled from devices, and the “technical environment” would be configured to prevent their use on government-issued equipment. Forbes further specified that ministers and staff are expected to use corporate-approved applications, such as Teams and email, and that personal mobile phones are not to be employed for official work. The Deputy First Minister informed parliament that the reliance on WhatsApp and similar messaging applications during the pandemic was “understandable in such pressing times.” The existing Scottish government policy on mobile messaging applications mandates that all decision-relevant material must be documented on the corporate record. Forbes indicated that government personnel had adhered to this policy, but acknowledged that they had “reflected” on its application with the benefit of hindsight. Sandesh Gulhane, a Scottish Conservative MSP, characterized the announcement as a “clear admission” that the actions of ministers and officials during the pandemic were incorrect. He called upon the government to implement an immediate prohibition on WhatsApp usage. Additionally, Gulhane accused ministers of violating the ministerial code by not providing prior notification of the statement. Daniel Johnson of Scottish Labour alleged that government individuals had edited and deleted information that ought to have been part of the public record throughout the pandemic. In March, former First Minister Humza Yousaf initiated a review concerning the utilization of WhatsApp and other messaging services. This external examination investigated the employment of WhatsApp and personal devices for conducting government affairs. Emma Martins, formerly the Channel Islands data protection commissioner, headed the review. Her report, submitted to the government last month, was released concurrently with Forbes’ parliamentary statement. The report concluded that there was “little to evidence a consistent and widespread knowledge, understanding, or application” of mobile messaging applications, specifically “including rules around retention, exportation, and deletion.” The Scottish government’s policy stipulated that ministers and officials were to transcribe “salient” points from business discussions conducted via mobile messaging applications. Ms. Martins commented: “In the absence of any information about how much or how often such transcribing took place, it is impossible to take any comfort from the policy.” Although she recognized that the “unprecedented challenges” presented by the pandemic might have led to the bypassing of certain government regulations, she asserted that it was not “acceptable” for procedural alterations to persist “without proper scrutiny and review.” During the Covid inquiry, it was revealed that multiple Scottish government figures, among them Nicola Sturgeon and John Swinney, had deleted messages pertaining to government business during the pandemic. Opposition parties leveled accusations of “industrial scale” deletion of messages against Sturgeon and Swinney, who maintained that all “salient” points were documented on the corporate record and only informal communications were removed. Other ministers within the Scottish government, including Forbes, who held the position of finance secretary during the pandemic, stated that they had preserved their WhatsApp messages. The UK government also faced criticism regarding its record-keeping practices, as former Scottish Secretary Alister Jack informed the inquiry that he had deleted all his messages to free up storage on his phone. The Scottish Information Commissioner, responsible for overseeing freedom of information legislation, also initiated a review into the methods officials and ministers employ for using and retaining informal communications. The official watchdog indicated that the Covid inquiry had brought forth “significant practice concerns” regarding ministers’ use of messaging services like WhatsApp.