UK regulators have clarified that information created using artificial intelligence inside government departments should be considered subject to Freedom of Information (FOI) laws. The move signals that ministers’ chatbot prompts, AI‑generated text and other machine‑produced material used in official work ought to be treated as information the public can request.
AI use in government should be treated like official information
The ICO’s position is that when civil servants use AI tools for work, the resulting content — including the prompts they enter — should fall within the scope of FOI. That means the public can ask to see:
- AI‑generated drafts or summaries
- Images or text created by chatbots
- Prompts typed in by government staff
- Any AI output used to inform decisions or policy
While the guidance does not state that such information must always be released, it makes clear that public bodies should treat AI‑generated material as official information unless a specific exemption applies.
A cautious but important step for transparency
The clarification is seen as a meaningful step toward transparency at a time when AI tools are becoming more common across the public sector. Until now, it was unclear whether AI‑generated content counted as information the public had a right to see.
Transparency advocates say the new guidance helps ensure:
- AI cannot influence policy without public scrutiny
- Ministers cannot hide decisions shaped by AI tools
- The public can understand how emerging technologies are used in government
Government already using AI behind the scenes
Departments have been experimenting with AI for tasks such as summarising documents, drafting emails and analysing information. The ICO’s guidance means these uses should now be logged and stored in ways that allow them to be released if requested.
What happens next
Public bodies are expected to update their internal processes so that AI‑generated content is recorded and retrievable. The ICO says it will continue monitoring how AI is used in government to ensure transparency principles are upheld.