I think it's rather sleazy of the UK government to implement a 90 day removal procedure, knowing that they can delay answering a request for longer than that. Totally not in the spirit of the FOI laws.
Interestingly I don't think this is 100% true - under (for example) the federal FOI Act I think a request framed as asking for "email sent on government systems between Alice and Bob in the last six months" would be facially valid, if Alice and Bob were civil servants (although of course exemptions may apply to individual emails).
Here's an (Australian) FOI request that is similar in spirit to your example:
https://www.righttoknow.org.au/request/philip_gaetjens_the_l...
which asks for "any emails contained in all of Philip Gaetjens’ outlook items (including deleted items) that contain any of the following terms (in the body of an email and/or in the addressee fields of an email): “liberal.org.au” or “ipa.org.au”", and the department deemed that a valid request. (Philip Gaetjens is a senior civil servant, the Liberals are a political party and the IPA is a right-leaning think tank; it's reasonable to infer that the fishing here is for evidence of a link between the civil service and a particular side of politics.)
That aligns with my understanding, that there must be an explicit piece of information you’re looking for or occurrence you’re looking for evidence of, rather than just seeking to dragnet-fish all correspondence to see what’s there.
Anyway, it makes sense to me that messenger app conversations are considered ephemeral like phonecalls and can just naturally disappear, whereas more formal material like meeting minutes, official written correspondence, contracts and public service documents are kept on record and made subject to FOI.
- From the article: “Starting in late 2004, before the FOIA came into force in early 2005, Downing Street implemented an automatic 90-day deletion of emails aside from those specifically selected by civil servants as relevant for storage in the National Archives”
- Since the invention of the telephone, it's never been an expectation that transcripts of telephone calls between MPs or officials should be recorded and made available under FOI.
- Indeed, it's never been an expectation that private face-to-face conversations between MPs/officials be recorded and made available under FOI.
- At least according to FOI laws I'm vaguely familiar with (in Australia), an FOI request can only be made for an item of information that is known to exist. People can't go on "fishing expeditions" for, say, all communications between nominated people over a nominated period of time. Thus, if UK FOI is similarly constrained, it's usually going to be unlikely a private messaging app conversation could be sought under FOI anyway.
All that considered, I don't think this is that big a deal.