Release of legally privileged information and use of WhatsApp on Scottish Government phones: FOI release

Information requested

1. Could you provide how many occasions in the last two years that the Scottish Government has been forced to publicly release legally privileged information, and include what this info was and why it had to be released?

2. Could you supply how many incidents have been recorded of government staff, officials or ministers using WhatsApp on their government phones since the ban was brought in, what kind of incident it was and what was the outcome?

Response

1. I have enclosed a copy of most of information that you have requested.

The five decisions that have ordered disclosure of legally privileged information in the past two years are listed below

Decision 177/2024 | Scottish Information Commissioner
Decision 191/2024 | Scottish Information Commissioner
Decision 193/2024 | Scottish Information Commissioner
Decision 065/2025 | Scottish Information Commissioner
Decision 066/2025 | Scottish Information Commissioner

I have enclosed copies of the information disclosed in response to decisions 177/2024, 191/2024 and 066/2024.

The information disclosed in response to decision 193/2024 is available on the Scottish Government website at the following link - Legal advice given to the Scottish Government/ministers in reference to The Scottish Ministers v The Scottish Information Commissioner (case reference number XA10/23): FOI Appeal - gov.scot

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Decision 065/2025 is currently being appealed to the Court of Session so no legally privileged information has been disclosed in response to this decision, but we have included it in the list by way of completeness.

2. This is because new policy has been brought in:

Staff cannot download WhatsApp to their work device unless they have been granted a temporary reprieve for very specific circumstances. Therefore, there are no incidents on corporate phones.

This is a formal notification under section 17(1) of FOISA that this information is not held by the Scottish Government.

About FOI

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

FOI 202500491146 - Information released - Annex

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