Public authorities are seeing an increase in requests under the Freedom of Information Act 2000 (FOI requests). The ICO has recognised that the use of AI has likely contributed to this increase. Not only are more requests coming through, but requests are often longer, broader and difficult to interpret.
In addition to increased pressure, it also raises the question as to how authorities manage and lawfully respond to these requests, ensuring that they are compliant with their transparency obligations under the Act.
The Information Commissioners Office (ICO) has released guidance for authorities addressing these issues. One of the key points from this guidance is that a request drafted by AI is a valid request. Authorities should treat these requests the same as any other FOI request and assess them against the section 8 requirements.
AI drafted requests may misinterpret the Act or be difficult to follow. However, authorities should still focus on the substance of the request and seek clarification if needed.
Pseudonyms remain an issue. A request must contain a real name to be valid under section 8. If there is a genuine basis to doubt that a real name has been used, the authority may challenge the validity of the request but must do so carefully and consistently.
Where AI is used to send repetitive requests, authorities may exercise their power to refuse a request under section 14 of the Act. They may also refuse requests where they exceed the cost limit under section 12. This applies the same to requests whether produced by AI or not, however the point here is that AI usage may increase the chances of a request triggering that cost limit. Authorities should consider asking requestors to narrow down the scope of their request and the ICO is clear that authorities must provide appropriate advice and assistance to help the requester reformulate their request.
Ultimately, while AI may be changing the complexity and volume of FOI requests, the ICO is clear that public authorities should continue to apply the provisions of the Act in the same way as they would to any other request.
As AI continues to evolve and more people access it, authorities will need to adopt a consistent and proportionate application of the Act to ensure that they can effectively balance their transparency obligations and the administrative challenges. Authorities may wish to review their internal procedures to help manage FOI requests generated by AI. This could include:
- Updating template acknowledgement and refusal letters,
- Implementing processes to identify requests that may exceed the section 12 cost limit,
- Ensuring systems are in place to track revised deadlines where clarification is sought,
- It may also be necessary to provide additional training to staff on the Act.
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