The High Court has ruled that the Metropolitan Police’s policy permitting officers to use disappearing messages on WhatsApp is lawful. The decision came in response to a legal challenge brought by a man identified only as BB, who was arrested in May 2024 on suspicion of controlling and coercive behaviour.

BB’s challenge focused on the police policy allowing officers to use WhatsApp’s disappearing messages feature, which automatically deletes messages after a set period. Under the current guidelines, officers are instructed to delete chats after 90 days but are required to export any evidential material prior to deletion. BB argued that the policy conflicted with proper evidence preservation and transparency.

However, Mr Justice McKendrick dismissed the claim, affirming the legality of the police’s approach. The judge found that the Metropolitan Police’s instructions on handling disappearing messages strike an appropriate balance between operational needs and evidential integrity.

The ruling underscores the increasing reliance on digital communication platforms within law enforcement and highlights ongoing legal considerations surrounding data retention and evidence management. The Metropolitan Police have maintained that their policy ensures compliance with legal standards while enabling officers to use modern communication tools effectively.

BB’s case had raised broader questions about the potential impact of ephemeral messaging on criminal investigations and the safeguarding of defendants’ rights, but the court’s decision supports the police’s current practices.