Having been updated in 2023 for the first time in a decade, advice on private messaging tools was due to have been reviewed again by the end of last year

The government has pledged to review and update current guidance on the use of unofficial communications platforms – albeit some months later than scheduled.

In April 2023, the Cabinet Office renewed its formal guidelines on “using non-corporate communication channels” (NCCC) – which covers ministers’ and civil servants’ use of WhatsApp, private email accounts and everything else outside of government’s own IT and telecoms systems. This was the first update of the advice in a decade, but the final line of the document promised that “this guidance will be reviewed on or before 31 December 2025”.

With this date having now come and gone, various MPs and peers have recently filed written parliamentary questions concerning whether the scheduled assessment has been undertaken.

While it seems that this examination has not yet taken place, Nick Thomas-Symonds, the constitution minister in the Cabinet Office, indicated that his department plans to review not only the guidance, but also the wider communications environment it describes – particularly in regard to new technology.

“The current guidance was issued under the previous government,” he said. “As part of this government’s commitment to raise information security standards, we plan to review both the way that non-corporate communication channels are used in government and the 2023 guidance itself to reflect the changes in the ways we use technology.”

Conservative MP John Hayes has also recently used written parliamentary questions to ask various major departments whether their ministers and special advisers “use the disappearing messages function on WhatsApp on government devices”.

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In response, Symonds – answering on behalf of the Cabinet Office – indicated that use of this controversial function is permitted under the guidance issued by the previous administration three years ago.

“Ministers, special advisers and civil service staff are required to follow the NCCC guidance on  when using WhatsApp or similar communications tools,” he said. “This guidance explains ministers’ responsibilities for keeping an accurate official record. Paragraph 24 of this guidance states that ‘disappearing message functions have a role in limiting the build-up of messages on devices. You must ensure that any such use does not impact on your recordkeeping or transparency responsibilities’.”

The use of WhatsApp and other NCCC tools was subject to considerable scrutiny and criticism during the coronavirus crisis. Following which, the amendments to guidelines made in 2023 effectively prohibited the use of webmail accounts and mobile messaging apps for sharing anything above government’s lowest level of security classification.

Officials and ministers using non-government communications platforms to conduct business at the lower-tier ‘Official’ level were further warned that they will now need to “be prepared to defend your choices”.

Additional guidance issued by the Cabinet Office in early 2024 outlined that decisions made by officials and ministers via NCCC tools must be officially recorded.