WhatsApp use still high across public bodies, Scottish Information Commission warns

WhatsApp and other informal communication tools are still being used by public bodies in an attempt to dodge freedom of information laws, the Scottish Information Commissioner has said.  

Speaking at Holyrood’s Freedom of Information 2024 event at Verity House in Edinburgh, David Hamilton said he is still seeing “unconventional messaging” – such as WhatsApp and Microsoft Teams – being used in relation to public authorities.  

Hamiton told delegates: “If someone has information that relates to a public authority, that is public information. If it’s on their phone, that’s up to them. 

“Often times it’s mixed up with gifs of cats and all the other personal stuff people have on social media. We need to read this stuff, and frankly sometimes it’s awful. 

“It’s an awful mix and it shouldn’t happen.” 

He added: “The reason people don’t have these conversations on email is because it’s FOI-able. So are WhatsApp and Teams messages.  

“There is a lot of education that needs to be done across the organisations.” 

It comes after the information watchdog launched an official action into the Scottish Government’s use of informal messaging earlier this year. 

In February, it stated the Covid-19 Inquiry had raised “significant practice concerns” over how ministers used messaging platforms like WhatsApp. The review is still ongoing.  

Reflecting on the last year, Hamilton said there had been 95,000 FOI requests made, 2,500 reviews and 590 appeals received by his office – altogether an increase of 12.5 per cent on the previous year.  

He described it as a system that is “in good shape”, with 0.6 per cent of requests ending up with the commissioner, but that it needs “a freshen up” due to the adoption of new technologies and workplace culture changes.  

Delegates were given an update on the appeals backlog that was inherited from the last commissioner. Hamilton said when he came into the role there were 384 cases, and that figure is now down to 191.