Cabinet Office publishes guidance for Whitehall on use of private emails

The Cabinet Office has issued guidance to central government departments on the use of private email.

The publication is “aimed at addressing issues, common to all departments, which have arisen through the growth in the use of emails in conducting departmental business”.

It covers:

• Management and storage of records;
• Use of Government email systems for non-Government business;
• Use of non-Government email systems for Government business;
• The Freedom of Information Act and searches for information.

On the controversial issue of whether information is generated in the course of conducting Government business, the guidance admits that the decision “cannot always be clearcut”.

It adds: “No single factor will determine whether information amounts to government information as opposed to for example personal or political information.”

The guidance, which can be viewed here, says it would be important to consider the relevant circumstances and in doing so, it might be helpful to bear in mind the following factors:

“a. Who are the originator and recipients of the information? This will not necessarily be determinative but if, for example, the sender and recipients are civil servants then this might suggest that the email amounts to Government business.

b. In what capacity were the originator or recipients acting? For example, Ministers can act in several different capacities – as members of the Government, as constituency MPs, and as members of a political party.

c. What function was the information being provided for? For example, was it to inform a substantive policy discussion or a particular decision and if so, what was the nature of that discussion or decision? Was the information being generated directly to inform or influence the development or implementation of departmental policy or the operation of the department? Should the information form part of the public record? An exchange which mentions a department’s policy area (e.g. commenting, expressing views, or discussing wider political ramifications) does not necessarily amount to Government’s official business. However, if it was intended that the department would use or act on the information in the course of conducting its business that may well point to the information being Government information.”