Our Behind the Screens webinar sparked a wave of thoughtful questions from attendees – ranging from legal nuances to practical dilemmas. In this final blog of the series, we’re spotlighting some of the most frequently asked questions and sharing insights from our expert panel: Christine Young, Jim Vint, and Tim Smith.
Can deleted WhatsApp messages be recovered?
Jim Vint, Secretariat: It depends. If standard settings are used, deleted messages may briefly exist in a “trash” state. However, if both parties delete them and no backups (e.g., iCloud) exist, recovery is unlikely – especially with apps like Signal or WhatsApp’s disappearing message feature enabled.
Is exporting a WhatsApp chat a reliable form of evidence?
Christine Young, Hebert Smith Rreehills Kramer: Yes – if done properly. Like any evidence, it must be collected securely, with a clear paper trail and chain of custody. The risk of manipulation exists, so forensic validation is recommended.
What if employees refuse to hand over chats?
Christine Young: It depends on the reasonableness of the request. If the request is proportionate and supported by policy, refusal could lead to disciplinary action. In litigation, courts may issue third-party disclosure orders.
How do multinational companies manage cross-border investigations?
Christine Young: Start by identifying where the data is held and which jurisdiction’s laws apply. In some countries (e.g., France), data access may be restricted. Investigations may need to be conducted locally to comply with regional data protection laws.
Should businesses respond to whistleblowers via WhatsApp?
Christine Young: If that’s the channel the whistleblower chooses, yes – but preserve the messages and encourage a shift to more secure, recordable channels. The key is to maintain a reliable record of the communication.
What about personal use of company email?
Christine Young: Policies should define acceptable use. If personal use interferes with work or breaches confidentiality, employers may review emails – but only to the extent necessary and proportionate.
Who’s responsible for ensuring communications stay on company-managed channels?
Christine Young: It’s a shared responsibility – starting with leadership. Policies must be clear, enforced, and supported by training. Tone from the top is essential: if managers ignore the rules, others will follow.
Final takeaway
Digital evidence is here to stay – and so are the challenges it brings. By combining clear policies, proportionate practices, and expert support, organisations can navigate this evolving landscape with confidence.
If you missed the webinar or want to revisit the discussion, the recording is available at https://watch.getcontrast.io/register/safecall-behind-the-screens-navigating-whatsapp-email-other-digital-messages-in-workplace-investigations. And if you’d like to speak with one of our experts, get in touch and we will connect you.