Australia's privacy commissioner will move to review the widespread use of WhatsApp and Signal by senior politicians and staffers, after warning features that allow texts to self-destruct risked violating federal laws on public records and freedom of information.
Information Commissioner Elizabeth Tydd wrote to National Archives boss Simon Froude in May, pointing to a reported uptick in the use of encrypted apps across the federal government and public service.
Email correspondence, seen by The Canberra Times, voiced concerns that auto-delete functions could be used to undermine freedom-of-information (FOI) laws and its "underlying objectives of giving the Australian community access to information held by government".
"As you will be aware, the use of encrypted apps by parliamentarians and political staffers may also affect their ability to comply with record-keeping obligations in the Archives Act," Ms Tydd wrote.
"I consider it would be timely for our agencies to jointly engage with public servants, ministers and parliamentarians in relation to best practice record keeping and its importance to Australian democracy."
While the information commissioner's office does not have powers to investigate actions of ministers or their staff, the agency can issue formal guidance on compliance with laws relating to freedom of information.
A spokesperson from the office said the agency will be increasing its work with the National Archives to review government-wide use of encrypted apps.
Two Labor sources, who spoke anonymously, confirmed that some senior members of government and their staff were known to use WhatsApp to discuss policy matters.
Former independent senator and transparency advocate Rex Patrick said the use of Signal and WhatsApp was "standard practice" in and around Parliament House.
"It's popular because it avoids accountability. It allows for communications which cannot be examined, or subjected to scrutiny at a later date, it's deliberate and it's improper," he said.
The public has the right to access documents of an agency or minister under the Freedom of Information Act, which includes text messages sent on mobile phones.
Politicians and their staff are required to handle documents in a way that can be retrieved in response to an FOI request. They also must manage information in accordance with archives laws.
Transparency International Australia CEO Clancy Moore said there should be stronger mechanisms to ensure government officials were not using self-destruct timers to evade public scrutiny.
"As a rule of thumb, government documents and the work of government shouldn't be communicated on private messaging apps - that's clear in the PM&C's advice for official information," he said.
The Department of the Prime Minister and Cabinet's guidance states that external instant messaging services like WhatsApp "must not be used to distribute official information."
Deakin law professor Dr Maria O'Sullivan said Australia should be looking to the UK, which only allows politicians to use encrypted apps at work under exceptional circumstances.
"If we're talking about integrity in government and transparency, FOI can't really operate if they're avoiding that by using these internal messaging apps," she said.
"Firstly, there needs to be a recommendation from the government that private communication channels like WhatsApp and Signal should only be used in exceptional circumstances.
"Then, if the OAIC guidelines were amended to require that anything on private communication channels was stored and able to be retrieved, those two things paired together would be quite effective."
