Question to the Department for Digital, Culture, Media & Sport:

To ask the Secretary of State for Digital, Culture, Media and Sport, whether she plans to amend the Public Records Act so that the statute includes information held, transmitted or recorded through electronic communications.

There are currently no plans to amend the Public Records Act regarding information held, transmitted or recorded through electronic communications. Section 10 (1) of the Act already encompasses not only written records but ‘records conveying information by any other means whatsoever’ including information held and recorded through electronic communications.

Guidance is also provided in Section 46 Code of Practice on the Management of Records issued by me as the Secretary of State for DCMS under the Freedom of Information Act 2000 (FOIA). The Code was updated and published in July 2021 (as outlined in the Written Statement of 15 July 2021, HCWS185). It provides principle-based guidance for relevant public authorities on contemporary information management practice in the modern digital working environment.

There also exists a variety of supporting guidance at both departmental and cross government level that provides advice for ministers, private offices and civil servants on their record keeping responsibilities. This guidance is kept under review and updated in response to changes in technology and ways of working.