WhatsApps: Data protection expert from the Channel Islands Emma Martins appointed to lead review into Scottish Government's use of informal messaging

Emma Martins will look at how government ministers use WhatsApps and how that data is retained and recorded

A data protection expert from the Channel Islands is to lead a review into the Scottish Government’s use of WhatsApps.

Emma Martins, who is the former data protection commissioner for the Channel Islands, will lead the externally-led review into the government’s use of mobile messaging apps and non-corporate devices.

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First Minister Humza Yousaf commissioned the review after the government came under heavy criticism during the UK Covid-19 Inquiry for deleting WhatsApps during the pandemic.

Former first minister Nicola Sturgeon was criticised for deleting her WhatsApps during the coronavirus pandemic. Image: Lesley Martin/Getty Images.Former first minister Nicola Sturgeon was criticised for deleting her WhatsApps during the coronavirus pandemic. Image: Lesley Martin/Getty Images.
Former first minister Nicola Sturgeon was criticised for deleting her WhatsApps during the coronavirus pandemic. Image: Lesley Martin/Getty Images.

Ms 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.”

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During the UK Covid-19 Inquiry former first minister Nicola Sturgeon revealed she had not retained any of her WhatsApp messages from the pandemic, and the then clinical director Professor Jason Leitch admitted deleting messages was a “nightly ritual” for him during lockdown.

Opposition parties called for a separate inquiry into the government’s use of WhatsApps on the back of this public inquiry, and the Scottish Conservatives insisted the head of review come from somewhere outside of Scotland.

Ms Martins will look at whether or not ministers and civil servants should use informal messaging apps like WhatsApp to conduct government business, and what value these apps have in emergency situations like a pandemic.

Her review will also consider what information from these apps should be officially retained and how, and whether the government needs to update its guidance and definition of “corporate value” on the back of the UK Covid-19 Inquiry.

She will also compare the Scottish Government’s use of WhatsApps to other devolved administrations in the UK and other countries worldwide.

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Parliamentary Business Minister 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.”

Ms Martins began her career as a data protection officer in the public sector and then moved to the Jersey regulatory office in 2022.

She has a three-month contract to carry out this review and has no previous links to the Scottish Government.

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