Review To Examine Use Of Mobile Messaging Apps And Non-corporate Devices In Scotland

23rd March 2024

An externally-led review into the Scottish Government's use of mobile messaging apps and non-corporate devices is to be led by former Channel Islands data protection commissioner Emma Martins.

The review, which was commissioned by First Minister Humza Yousaf, will also explore if updates are required to both the Ministerial Code and Scottish Civil Service Guidance with a particular focus on the government's interaction with statutory Public Inquiries.

The scope will extend to whether the use of apps is relevant in a government setting and where and how relevant data should be stored and retained. Ms Martins will also examine the value of messaging apps to Ministers in emergency situations and draw on best practices used in other jurisdictions to inform her work.

Minister for Parliamentary Business George Adam said, "We are committed to openness and transparency and constantly seek to maintain and improve our performance in this area which is why the First Minister commissioned this important external review.

"It will consider how mobile messaging apps and personal devices are used in government in line with the principles of digital ethics, records management, freedom of information, and human rights. It is hugely significant then that someone with Ms Martins' impeccable credentials has been appointed to lead this independent, externally-led review which will further enhance our robust processes.

"She will bring a wealth of experience to the review process and has worked in the data protection field for 25 years. I have no doubt her impartial expertise will prove vital in further strengthening our approach to the use of informal communications as technology increasingly integrates into all our lives."

Emma Martins said, "I am grateful for this opportunity to support the Scottish Government as they reflect on recent events and seek to learn from them. In delivering this external review, I will look carefully at the current practices of government with the objective of producing appropriate, meaningful and deliverable recommendations for them going forward."

Areas To Be Examined
Should Ministers and officials use mobile messaging apps (including WhatsApp, text messaging and others) in relation to the conduct of Scottish Government business?

What is the value of mobile messaging apps in emergency and emergent situations?

If mobile messaging apps are to be used, what information from these apps should be retained, beyond that which is required to meet the requirements of records management policy?

Further, how should that information be retained (for example, should the saving of this information require the source of information be retained)?

Given that the UK Covid-19 Inquiry has adopted the approach that all texts and mobile messages are potentially relevant to its investigations, is there a change needed to the definition of corporate value in relation to mobile messages and texts?

What is the position on use of mobile messaging apps in the rest of the UK (including other devolved administrations), and in selected other countries across the world considered best practice in this area.

Should non-corporate devices be used in relation to the conduct of Scottish Government business by Ministers and officials?

What is the value of non-corporate technology in emergency and emergent situations?

In relation to devices, both corporate and non-corporate, is there adequate process in relation to changing devices, both for reason of updates and in case of accident?

What is the position on use of mobile messaging apps in the rest of the UK (including other devolved administrations), and in selected other countries across the world who are considered to follow best practice in this area?

Are updates required to the code?

Are the Principles of Public Life sufficiently considered in the use of mobile messaging apps and non-corporate technology?

Should separate guidance on interactions with Ministers and others on mobile messaging apps and non-corporate technology be developed?