ICO statement on its data protection and freedom of information remit, following Telegraph reporting of WhatsApp messages sent by Matt Hancock during the COVID-19 pandemic.
An ICO spokesperson said:
“Data protection law ensures people’s personal information is used properly and fairly, including ensuring personal details are not disclosed inappropriately. But there are exemptions set out within the law, including around journalism and for literary purposes in the public interest, reflecting the importance of freedom of expression in society.
“At this stage we do not see this as a matter for the ICO but there are questions around the conditions on which departing members of government retain and subsequently use official information which need to be considered by organisations such as the Cabinet Office.
“But today’s coverage does again raise questions about the risks that the use of WhatsApp and other private channels bring, particularly around transparency. Last year, the ICO called for a review into the use of private messaging apps within government, and we would reiterate that call today. Public officials should be able to show their workings, through proper recording of decisions and through the Freedom of Information Act, to ensure that trust in those decisions is secured and lessons are learnt for the future.”
