Warning to ministers on requests for email information

PRIVATE emails and WhatsApp messages used for government business must be handed over after requests under freedom of information legislation, an expert has warned.

Professor Kevin Dunion, Scotland’s first information commissioner, yesterday said ministers and officials who break the law risk fines of up to £5,000.

He told MSPs that ministers must reveal details of official business conducted via text, WhatsApp or personal email, under the FOI legislation, though he admitted he had never seen any such information published.

At a session of the post-legislative scrutiny committee, Labour MSP Anas Sarwar argued such communications ‘undoubtedly happen’, suggesting ministers have not complied with the full scope of the FOI requirements.

Last night, Mr Sarwar said: ‘There’s a real concern that special advisers and ministers are using personal emails, texts and Whatsapp to conduct government business, thereby avoiding FOI legislation.’

Professor Dunion told the committee: ‘Anyone found to have withheld information contrary to the FOI laws could face a £5,000 fine.’

Scottish Tory justice spokesman Liam Kerr said: ‘The SNP government claims to be open and transparent and yet acts in increasingly secretive ways.’

A Scottish Government spokesman said: ‘The Scottish Government is clear that information held on all communications channels, including those not provided by the Scottish Government, is subject to FOI.’