UK government AI use now subject to public disclosure rules
UK government departments must release information about how they use artificial intelligence, regulators have confirmed. The Information Commissioner's Office said AI-generated content and the prompts used to create it fall under freedom of information laws.
The ruling follows a successful request by New Scientist last year for the ChatGPT logs of then-tech secretary Peter Kyle - believed to be the first such disclosure anywhere in the world.
What the new guidance means
Public bodies can no longer claim that AI-related requests fall outside freedom of information legislation. The ICO stated: "If staff at a public authority use AI for work purposes, the information generated will be subject to FOIA along with the prompts used."
Jon Baines, a lawyer at Mishcon de Reya, said the guidance removes a loophole. "It will be very difficult for public authorities now to claim that AI-related requests are not subject to FOIA," he said.
The clarification could change how requests are handled. Many AI-related FOI requests have been rejected on cost grounds or dismissed as "vexatious" - a term authorities use to refuse requests deemed burdensome.
Practical implications for government workers
The guidance may require public bodies to use AI tools themselves when responding to requests. The ICO suggested that departments could use AI to summarise large documents or datasets, potentially answering requests previously rejected as too expensive to process.
This means government staff should assume their interactions with AI tools are subject to disclosure. Prompts, outputs, and the systems used to generate them can all be requested under FOI law.
Opposition from some quarters
Matt Clifford, chair of the UK's Advanced Research and Invention Agency, called the Kyle decision "absurd" on social media. He warned it would discourage ministers from using AI tools openly.
The ICO declined to say whether New Scientist's successful request prompted the new guidance. A spokesperson said the agency regularly seeks feedback from public authorities and requestors on areas needing clarification.
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