GOVERNMENT ministers and special advisers are breaking the law if they refuse to hand over mobile phones and private email accounts relating to freedom of information requests, a former information commissioner has said.

Professor Kevin Dunion, Scotland’s first information commissioner, told MSPs “the law is clear” about public officials having to declare – if asked – that they are storing information within the scope of a freedom of information (FOI) request. Despite ministers being compelled to reveal details of official business conducted via text, WhatsApp or email, Dunion told a Holyrood committee he had never seen any such information published under FOI laws. Scottish Labour MSP Anas Sarwar argued such communications “undoubtedly happen”, suggesting Government ministers have broken the law by not complying with FOI requirements.

Explaining that information commissioners have the right to inspect any personal device which was used to store official information, Dunion said: “Anyone found to have withheld information contrary to the FOI laws could face a £5000 fine. They have broken the law if they deny they have the information within the scope of the request and the note exists in whatever form – whether it’s sitting in their briefcase or sitting in their Hotmail account.”

Witnesses also spoke in favour of extending FOI laws to cover private companies who are carrying out public services.