SMS and WhatsApp messages can be subject to freedom of information requests, according to a ruling by a court in the Netherlands.
The Dutch government had claimed that electronic messages were not subject to such requests, but the Midden-Nederland court disagreed, writes Binnenlands Bestuur.
The court found that SMS and WhatsApp messages on a business phone can fall under the definition of a “written piece or other material containing information” in the law on public administration (Wet Openbaarheid van Bestuur – WOB).
The storage means is not relevant when it comes to determining whether a public administration document can be made public.
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