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Case update 17 April 2023

Private Emails: An update

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We are disappointed to have to tell you that the Supreme Court has decided not to hear our appeal against decisions of the lower courts challenging the lawfulness of the use of private communication channels to conduct public business.

These decisions give the green light to Ministers and their advisors to continue using covert communications channels – in breach of the Government’s own policies – to conduct official business.

Disappearing WhatsApps and their like have been repeatedly used by Ministers and their advisors – including throughout the pandemic, when making important and costly decisions. These have put our national security at risk – there is evidence that Ministers’ phones have been hacked – and led to important public records being lost to history, with grave implications, including for the protection of public money.

The Supreme Court’s decision means we cannot take this issue any further. This leaves the law in a very troubling state. 

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