ICO says AI outputs from UK bodies fall under FOI
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- ICO released guidance stating that AI‑generated content and prompts used by public authorities are subject to the Freedom of Information Act.
- New Scientist successfully obtained the former UK tech secretary Peter Kyle’s ChatGPT logs under FOI, a request described as a world first.
- Jon Baines of Mishcon de Reya says the guidance will make it hard for public bodies to claim AI‑related requests are exempt from FOIA.
- Tim Turner, a data‑protection expert, argues that any record captured by a public servant, including AI interactions, falls within FOIA scope.
- Matt Clifford, chair of ARIA, called the ruling to release a minister’s AI chats “absurd” and warned it could deter ministers from using AI.
- ICO also indicated that public bodies may need to use AI to summarise large documents when responding to FOI requests, potentially overcoming cost‑based rejections.
Why it matters: The public now can request AI‑generated records from government, forcing transparency on how officials use tools like ChatGPT, while ministries lose a shield that previously let them dodge FOI scrutiny; this may curb AI adoption by ministers wary of public exposure.
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