THE Scottish Government has said it needs a “legal basis” to release certain WhatsApps to the Covid-19 inquiry after a row over what had been disclosed to the probe.
We told how the issue dominated FMQs after Scottish Tory leader Douglas Ross accused the First Minister and officials of “secrecy” after the counsel to the inquiry stated that the Scottish Government had not handed over any messages.
Jamie Dawson KC said on Thursday morning the Scottish Government had been asked for “all communication” relating to decisions made during the pandemic, such as informal messages on WhatsApp and other text based programs.
However, he said “no messages” had been disclosed.
Ross pressed on the issue at Holyrood on Thursday, but the First Minister insisted that officials did not “routinely” make decisions over WhatsApp.
And now, the Scottish Government has insisted that as Covid-19 inquiry officials asked for messages relating to a wider scope than “government decisions”, they required a legal order to release the information.
A Scottish Government spokesperson said: “The Scottish Government was asked by the UK Covid-19 Inquiry to provide all material related to decision making.
“It is not the culture within Scottish Government to use WhatsApp for decision making – our records management policy states clearly that government decisions should be recorded in the official record.”
The spokesperson added that the UK inquiry has “that material from the official record”.
“The UK inquiry has subsequently asked for WhatsApp messages relating to logistics and day to day communication, which of course we will provide,” they added.
“However, given the level of personal information contained within, we need a legal basis to do so, for example in the form of a Section 21 order.
“The UK inquiry indicated at this morning's hearing that it will be issuing us with the requisite legal paperwork to allow us to share those messages shortly.
“The First Minister has also asked the permanent secretary to ensure that all steps are being taken within the Government to meet the inquiry’s requests and for the Solicitor General to satisfy herself that the Government has met all its legal obligations.”
On Thursday, a number of questions were raised about whether officials utilised the disappearing message function on WhatsApp, which automatically deletes messages after 24 hours, one week or 90 days, depending on user preference.
Speaking to journalists after FMQs, Yousaf would not say if that was the case, but added: “We don’t routinely conduct parliamentary business through WhatsApp.”
The Information Commissioner’s Office confirmed that ministers deleting the WhatsApp messages could be deemed a criminal offence if they were trying to prevent that information from being disclosed through a freedom of information request.
The First Minister said he has ordered Solicitor General Ruth Charteris to investigate the matter.
He said he is “seeking assurances” that “do not destroy” notices issued by the inquiry had been “fully complied with, not just by ministers but by every relevant Scottish Government official”.
