In a recent report, the ICO has said the growing use of cloud-based communications tools presents ‘complicated and novel issues’ when it comes to public sector organisations meeting their FOIA requirements.

The statement has been made as part of a long-running dispute between the cabinet office and an individual who has requested access to all of the information on the UK Government Digital Slack channel.

The FOIA request, filed in August 2016, specified: ‘This should include messages in both public and private channels, private messages, files shared, archived channels and message edit and deletion logs… As this Slack is used across government departments, I would ask each user to be listed alongside their relevant department and, where possible, job role, including where their name has been redacted.’

The Cabinet Office rejected the request, claiming that Slack was not used in an official capacity. This decision was challenged on the basis that the Slack channel is referred to on government websites as a tool used by the office.

A follow on complaint was submitted in February 2017, at which point the Cabinet Office conceded that some of the information did fall under the scope of the FOI request.

The ICO has however rejected the request as vexatious and unduly burdensome, as the channel at that point contained around 85,000 messages and was growing rapidly.

In the official response, the ICO notes:

Finally, the Commissioner wishes to note that this is the first section 50 complaint she has been asked to consider in relation to a request for information held on Slack. As the content of the notice suggests, the Commissioner recognises that public authorities’ use of cloud based communication tools, such as Slack, raise a number of complicated and novel issues in respect of compliance with the requirements of FOIA, including wider issues related to records management. Although for the purposes of this decision notice it has not been necessary for the Commissioner to take a definitive position in respect of the extent to which information on Slack is held by the Cabinet Office for the purposes of FOIA, she will be liaising with the Cabinet Office about its use of Slack and the challenges and issues it presents in respect of the compliance with the legislation. The Commissioner will also consider any wider implications for Government and the public sector more generally, and whether further guidance is required. She may also consult with the National Archives about the records management issues arising.

As a growing number of public bodies use platforms which encourage communication and enable greater cooperation between teams, departments and organisations, the challenges of maintaining transparency and accountability will become ever greater. With the introduction of GDPR also looming, the pressure on the ICO is increasing. How the organisation responds to these challenges will play a very large part in the UK government’s adoption of technologies which could help their flexibility and efficiency, but which at the same time, must allow appropriate scrutiny.