Mobile messaging apps and non-corporate technology use: independent review report

15. Appendix 1. Areas of review

15.1 Use of Mobile messaging apps in Scottish Government

Areas for consideration:

• 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.

Other considerations:

• Statutory duties of Ministers and officials: do these require specific types of communication? If so, what type and by what means? Does the use of mobile messaging apps or non-corporate technology interfere with the discharge of these functions?
• The private lives of Ministers and officials – where do human rights considerations interact with formal, professional duties?
• Where applicable and out with the terms of the Intervention or possible Keeper involvement, the interaction with existing legislation in relation to records management, freedom of information and data protection. What issues are raised and is use of mobile messaging apps practicable? Should the Keeper be invited to review practice, these terms would require to be adjusted further.
• The business of government – and how to undertake this efficiently and effectively.
• Active versus passive choices on communication styles (telephone call versus message).

15.2 Non-corporate technology:

Areas for consideration:

• 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?

Other considerations:

• Data security and data sovereignty.
• National security.
• Device support and data recovery

15.3 Scottish Ministerial Code and Scottish Civil Service Guidance

Areas for consideration:

• 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?