FOI/202600515091 · FOI · partially withheld
Details of searches undertaken in relation to WhatsApp messages linked to previous correspondence: FOI release
Information requested
In response to FOI reference: FOI/202600507146, please provide me with any details of the searches undertaken by FOI Officers, Ministers, or officials in relation to WhatsApp messages linked to the original request.
Response
I enclose a copy of most of the information you requested.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption applies are explained below.
An exemption under section 38(1)(b) (personal data of a third party) applies to some of the information because it is personal data of a third party, in this case, the names of Scottish Government officials below the level of Senior Civil Servant, and personal email addresses and telephone numbers. Disclosing this would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.
This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
As noted in the response you refer to, mobile messaging apps, including WhatsApp, have been removed from Scottish Government devices since June 2025. The policy applies to all Scottish Government employees including contractors, senior civil servants, special advisers and Ministers, and states that mobile messaging apps and non-corporate communication channels will not be permitted on government devices. Given this policy, an exemption under section 17 of FOISA (information not held) applied to the element of that request which sought WhatsApps.
The Scottish Government’s Mobile messaging apps policy is published on the Scottish Government website at: Overview - Mobile messaging apps - usage and policy: guidance - gov.scot
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Detected exemption language
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption applies are explained below. An exemption under section 38(1)(b) (personal data of a third party) applies to some of the information because it is personal data of a third party, in this case, the names of Scottish Government officials below the level of Senior Civil Servant, and personal email addresses and telephone numbers. Disclosing this would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.