Scottish Ministers (Scottish Ministers’ WhatsApp and text messages) [2025] ScotIC 066_2025 (19 March 2025)

Scottish Ministers (Scottish Ministers’ WhatsApp and text messages) [2025] ScotIC 066_2025 (19 March 2025)

The Commissioner found that some WhatsApp and text messages held by the Scottish Ministers are subject to disclosure under FOI law, but certain information may be withheld if exemptions apply.

Citation
[2025] ScotIC 066_2025
Parties
Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
19 March 2025
Procedural Posture
Freedom of Information Appeal / Decision
Outcome
Partially upheld
Legal Topics
Freedom of Information, Disclosure of Electronic Communications
Information Law Administrative Law Freedom of Information Disclosure of Electronic Communications

Case Brief

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Parties

Scottish Ministers

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

  1. 1 Whether WhatsApp and text messages held by Scottish Ministers are subject to disclosure under Freedom of Information legislation

Ratio Decidendi

The Commissioner found that some WhatsApp and text messages held by the Scottish Ministers are subject to disclosure under FOI law, but certain information may be withheld if exemptions apply.

Court Disposition

Partially upheld

Orders

  • Scottish Ministers must disclose certain WhatsApp and text messages as specified in the decision, subject to applicable exemptions.