WhatsApp retention policy: FOI release

Information requested

1. All government correspondence sent to civil servants and other related staff regarding the retention of WhatsApp messages. To be more specific, correspondence can include any internal emails or messages or other forms of communication that were put out to civil servants, Ministers and other related staff to explain how WhatsApp messages should be retained.

The time period I am asking for is between March 2020 and November 2021.

2. All government correspondence sent to civil servants, Ministers and other related staff regarding the retention of WhatsApp messages. To be more specific, correspondence can include any internal emails or other forms of messages or communication that were put out to civil servants, Ministers and other related staff to explain how WhatsApp messages should be retained.

The time period of this request is ever since Scottish Covid‐19 Inquiry was announced (14 December 2021 until October 15th 2023)

3. All recorded correspondence regarding concerns of potential deleted WhatsApp messages by civil servants, Ministers, or other related staff. The time period would be between 14th December 2021 and 27th October 2023.

Response

In answer to questions 1 & 2 please see the link below to the Scottish Government Mobile messaging apps – usage and policy: guidance which was developed in November 2021.

Mobile messaging apps – usage and policy: guidance – gov.scot (www.gov.scot)

The Scottish Government’s long-standing Records Management Policy has always been clear that regardless of the source medium, information relevant to the corporate record must be saved. This is complemented by the Scottish Government Mobile messaging apps – usage and policy: guidance.

The following guidance was also posted on ‘Saltire’, the Scottish Government intranet, available to all SCOTS users, on 27 April 2020:

Non-SCOTS platforms

Keeping in touch with colleagues and having social and business contact during this time is vitally important. Apps like Zoom, Slack and WhatsApp can be downloaded on your SCOTS mobile but must be used in a responsible, professional manner. When using them remember:

• apps are for official info only
• messages are only encrypted when in transit - as soon as they arrive on your device it depends on your security settings
• messages are subject to Freedom of Information (FOI)
• messages should be transitory and not used as the official record
• messages should be deleted as soon as they are no longer needed

In response question 3 regarding the deletion of records, in preparation for the Scottish and UK Covid-19 inquiries, the Scottish Government has ensured all staff are aware of their legal obligations to make certain that all information and records are appropriately retained in line with the Scottish Government records management policy. This policy states that information and records should be retained for as long as they are required to support the Scottish Government in its business requirements and legal obligations.

In addition to this preparation, Director General Corporate and Director General Strategy and External Affairs distributed an email regarding the retention of records and the Scottish Government’s obligations in providing a full and clear narrative of the Scottish Government’s decision making during the pandemic in relation to the Scottish and UK Covid-19 Inquiries. Director General Corporate also sent a further email to colleagues highlighting the importance of record retention in relation to both Inquiries. Copies of both emails are being released as part of this response.

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption under sections 30(b)((ii), 30(c) and 37(1)(b)(ii) of FOISA applies to the information requested.

We have interpreted your request as including correspondence within Scottish Government and correspondence by Scottish Government with the two Covid public inquiries.

Section 30(b)(ii)

This exemption applies to information caught within your request which is correspondence between Scottish Government Ministers and officials.

Information is exempt under 30(b)(ii) (free and frank exchange of views) because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises that disclosing the content of free and frank discussions with either of the Covid Inquiries will substantially inhibit such discussions in the future, particularly because these discussions are still ongoing and these discussions relate to sensitive issues.

Section 30(c)

This exemption applies to Scottish Government correspondence and material which has been sent to either of the public inquiries

Information is exempt under section 30(c) of FOISA if disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. We consider that the release of information relating to the requests and conduct of either of the inquiries would negatively impact the effective conduct of the inquiries and substantially prejudice ongoing independent investigations.

37(1)(b)(ii)

This exemption applies to information created by either of the public inquiries including their requests for information and notices under section 21 of the Inquiries Act 2005.

A document created by such a person for such purposes, and a Scottish public authority holds the information solely because it is contained in such a document. Therefore, as requests for information are notices served during a public inquiry, they are subject to this absolute exemption and therefore cannot be disclosed at this time.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202300382735 - Information Released - Emails

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