An FOI is a request under the Freedom of Information Act - it allows any individual or organisation to make a request to a public authority for information they have recorded. It does not include personal information.
A First-tier tribunal decision is a dynamic source of legal interpretation and a reflection of how law functions in practice, making them a crucial element of the legal system.
The ICO reports:
WhatsApp messages were held for the purposes of FOIA
In appeal reference [2024] UKFTT 00581 (GRC), the First-tier Tribunal considered a government department’s handling of two information requests for correspondence between a minister and an individual, about government business. The second request was for non-email correspondence.
The Tribunal found that the department held relevant WhatsApp messages for the purposes of FOIA (section 3(2)(b) – held by another person on behalf of the authority) despite the messages not being transferred into its official record in line with its records management policy.
It also found that WhatsApp group messages, where the minister and the individual were members of the group, comprised “correspondence” between the two.
đź’ˇ What does this decision mean for public authorities?
Messages on non-corporate communication channels such as WhatsApp can be held for the purposes of FOIA, regardless of whether they’ve been transferred to an official record.
Failure to transfer such communications to an official record can indicate that you’re not conforming with the section 46 Code of Practice on Records Management.
WhatsApp group chats can comprise “correspondence” between members of the group.
ICO 👉 Learnings from ICO Tribunal Decisions
Knowledge Bank Support & Guidance Customers should review our Freedom of Information Best Practice Area.
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