by Scotland’s information commissioner is launching an inquiry into the Scottish Government’s use of WhatsApp and informal messaging.
David Hamilton said evidence revealed by the UK’s Covid Inquiry raised “significant practice concerns” in keeping informal communication out of the pandemic.
Mr Hamilton is a former chairman of the Scottish Police Federation (SPF) – an organization whose leadership branded Humza Yousaf a “disgrace” in a frustrating June 2020 message exchange shown to the inquiry.
Mr Yousaf, who was justice secretary at the time, was exchanging WhatsApp messages with fellow minister John Swinney where he “vented” his anger at the SPF’s approach to the pandemic, saying “they showed arrogance and backward thinking”.
During Lady Hallett’s inquiry, a number of ministers came forward – including former First Minister Nicola Sturgeon – and senior officials deleted WhatsApp messages from the pandemic.
They said they were acting on Scottish Government guidance, although current First Minister Humza Yousaf has ordered an external review into the use of the informal messages.
The information commissioner, whose remit is to enforce freedom of information law, has said it was “concerned” about the deletion.
Mr Hamilton said: “My office has launched an intervention into the practices of Scottish ministers in maintaining informal communications.
“The evidence revealed during module 2A of the UK’s Covid-19 Inquiry hearings over the past few weeks has raised significant practice concerns which require further investigation by my office.
“Failure to maintain or even record a full set of decision-making processes not only deprived the inquiry of information, but also impeded the public’s right to request information and undermined the spirit of freedom of information Generally.
“It is essential that public officials maintain information that allows the public to understand how decisions are made, for record keeping and to build public confidence.”
He continued: “Understanding how decisions are made is how public confidence in decisions is cemented and how lessons are learned for the future.
“It is clear from the events of this week that the use of informal communication channels creates risks for transparency and accountability within government.
“My intervention will review current practices as well as identify actions to be taken to ensure improvements are made in the way officers and ministers use informal communication in the future.”
Mr Yousaf announced the Government would seek an external review after admitting the handling of WhatsApp messaging requests was not in his “finest hour”.
However, he rejected accusations from opposition parties that the Scottish Government made pandemic decisions for political reasons.
On Thursday, he defended Ms Sturgeon’s handling of the pandemic, saying he is “very happy” she was in charge during the “dark days” of the pandemic.
On Friday, the UK Government’s Scottish Secretary Alister Jack told the inquiry that he deleted “all” of his WhatsApps in November 2021 to free up space on his phone.
The information commissioner’s office said its “intervention” would be separate from any action announced by the Scottish Government.
A Scottish Government spokesman said: “We have not yet received the notice from the Scottish information commissioner, when we do we will respond and, of course, co-operate with the commissioner as necessary.
“The Scottish Government has an established and comprehensive records management policy in accordance with the Public Records (Scotland) Act 2011 and has been confirmed by the Scottish record keeper.
“The First Minister has commissioned an externally led review into the use of mobile messaging apps and non-corporate technology in the Scottish Government.
“This will take into account in particular the government’s interaction with statutory public enquiries.
“Scotland has the most open and comprehensive Freedom of Information legislation in the UK and the Scottish Government remains committed to our statutory obligations to ensure openness and transparency.”
Commenting on the investigation, Scottish Conservative chairman Craig Hoy said: “I welcome the Scottish Information Commissioner’s inquiry into the Scottish Government’s use of WhatsApp, and I know the public will share my relief that the SNP could finally being accountable after trying so hard. avoid examination.
“The Covid Inquiry showed how key SNP figures were engaged in exchanges of banter as people died, used the pandemic to promote independence and quash constitutional grievances and even admitted that they ‘wing it’ – and those are the only messages that haven’t been deleted. .
“Nicola Sturgeon promised grieving families that she would be completely transparent and assured journalists that her messages would still be carried forward despite that promise she destroyed them.
“Her actions denied the public the answers and closure for the families of those who died.”
