The use of private email accounts and WhatsApp by ministers and senior officials is leading to the government facing a legal challenge.
Campaign group, The Good Law Project, says official guidelines and the way they are applied has opened up an, “accountability gap”, at the centre of government.
If politicians think they can evade oversight from the Courts or dodge freedom of information requests by using private email and WhatsApp, the question becomes: what have they got to hide?
We've launched legal action. https://t.co/TrSScJ0t4V
— Good Law Project (@GoodLawProject) July 9, 2021
Proposed defendants in the legal challenge include Prime Minister Boris Johnson, former Health Secretary Matt Hancock, Cabinet Minister Michael Gove and International Trade Secretary Liz Truss.
The legal action follows a number of revelations made by former Downing Street aide, Dominic Cummings.
In his blog, Mr Cummings writes about the way WhatsApp has been used during the pandemic to discuss matters.
Mr Hancock’s alleged frequent use of a Gmail account is also being probed by the UK’s data watchdog.
In a pre-action letter, The Good Law Project claims the current application of rules by the government breaches the obligation to preserve records of decision-making.
They say it’s “frustrating” for freedom of information and legal disclosure requests.
Government response
A government spokesperson says, “there are appropriate arrangements in place for the management of electronic communications, including instant messages and emails.”
They add, “ministers and officials are aware of the guidance around personal email usage and government business is conducted in line with that guidance.”
The government have been provided two weeks to respond to the legal letter.
The Good Law Project
The Good Law Project is an organisation whose main aim is to achieve change through the law.
NEW: We're taking legal action to force Government to put in place proper policies to close this accountability gap for good. https://t.co/eqKBoRGx4S
— Good Law Project (@GoodLawProject) July 9, 2021
They state on their website, “We defend, define and change the law to uphold democracy, protect the environment and ensure no-one is left behind.”
