Government employees using AI tools like ChatGPT for official duties may have their interactions classified as public records according to state and federal laws. Public records are determined by whether they document public business, not by the technology used. Thus, communications generated through these AI tools in an official context are subject to public records requests, unless exempted by law. Clear agency policies are essential to fulfill records retention, privacy, and transparency commitments when employing AI technology.
If government employees use ChatGPT or similar AI tools in the course of their official duties, the content of those interactions may be considered public records under applicable state and federal laws.
Public records are defined not by the medium or technology used, but by whether the material documents the conduct of public business.
Therefore, prompts, responses, and related communications generated or received through AI tools-when created or used in an official capacity-are potentially subject to disclosure through public records requests.
Agencies should establish clear policies to ensure compliance with records retention, privacy, and transparency obligations when using AI technology.
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