ChatGPT and Freedom of Information

We explore whether interactions with AI tools like ChatGPT could fall within the scope of FOI requests in Ireland. Referencing recent UK developments and Irish FOI principles, the article highlights why public sector bodies should review internal policies and training to support compliant, responsible AI use against an evolving regulatory background.

What you need to know

• A UK Minister’s use of ChatGPT was disclosed via a Freedom of Information request
• The Irish Freedom of Information Act applies to records held by, or under the control of, a public body
• Existing Irish government guidance provides that records can be ‘held’ anywhere, including on non-official systems, email accounts and devices, where they relate to official functions and/or business activities
• Those principles could be applied to ChatGPT and other AI tool interactions for official purposes
• As AI becomes more commonly used, and with the recent publication of Government guidance on the use of AI in the public service, public bodies should consider their internal guidance, policies and training, both generally and from an FOI perspective

The UK’s Technology Secretary, Peter Kyle, made headlines in March 2025 following the release of records showing he had used ChatGPT to support his ministerial work. As reported by The Guardian, Kyle asked the AI tool about topics ranging from the uptake of AI to advice on media appearances. The interactions were disclosed in response to a request under UK Freedom of Information (FOI) law.

There is no specific Irish guidance on whether the Irish FOI legislation can be used to access public officials’ ChatGPT records. However, these records could be in scope if principles from the current FOI legislation, and FOI guidance on non-official devices, are applied.

Background

Mr Kyle’s ChatGPT prompts and answers were requested by New Scientist magazine, using the UK FOI legislation. The request was initially refused on the basis that the information would include conversations made in a personal and official capacity. However, it was granted when the magazine clarified it was only seeking those made in an official capacity.

In Ireland, the Freedom of Information Act 2014 (the FOI Act) applies to records held by a public body, which includes records under its control. Existing Government FOI guidance[1] emphasises that records can be ‘held’ anywhere, including in non-official systems, email accounts and devices. These records are subject to the FOI Act where:

• They relate to the official functions and/or business activities of a public body, and
• The public body has a legal right to procure the records regardless of whether they are held in official or non-official systems

Applying these principles, if ChatGPT and other AI tools are used to generate or inform work-related content, these interactions could be accessible in Ireland under the FOI Act. As with all FOI requests, it will depend on an analysis of the record’s contents and the relevant facts and circumstances.

Considerations for public bodies

AI is clearly envisaged as an important part of the toolkit for public bodies. The Government published “Guidelines for the Responsible Use of Artificial Intelligence in the Public Service” (the AI Guidelines) on 8 May 2025. These set out seven principles for using AI responsibly, as well as a decision framework to evaluate whether AI is the right project solution. The AI Guidelines have been developed “to actively empower public servants to use AI in the delivery of services”.

However, the AI Guidelines advise against incorporating generative AI, such as ChatGPT, into business processes “unless based on an approved business case in accordance with the principles and practices” set out in the Guidelines. The Guidelines also recommend that more general access by staff to generative AI tools should not be permitted until:

• The relevant business assessments have been conducted
• Appropriate usage policies are in place, and
• Staff awareness programmes on safe and appropriate usage have been implemented

Finally, public bodies are advised against the use of “free-of-charge” GenAI tools. In particular, public bodies should avoid inputting data that the organisation does not want in the public domain, such as:

• Personal data
• Commercially sensitive data, or
• Data related to private Government business

From an FOI perspective, as AI becomes more commonly used, public sector bodies should consider reviewing and updating their internal guidance and policies, such as IT and record management policies, and providing staff training. For example, internal guidance and training could:

• Outline the appropriate use of AI tools, having regard to the AI Guidelines
• Set out the types of AI-based output that should be considered for FOI purposes as relating to official functions and/or business activities, and
• Require relevant output to be saved within official record-keeping systems where appropriate. This would be consistent with the existing Government FOI guidance, which recommends that copies of records on non-official systems be made available in a form that can be accessed for FOI purposes.

In addition, public sector bodies should be adopting and updating their internal guidance and policies to take account of their AI literacy obligations under Article 4 of the AI Act. Indeed, such an approach will likely also incorporate many of the other recommendations above.

Comment

The UK example illustrates that generative AI is already part of the toolkit for some public officials. Recently published Irish Government guidance on AI advises against the use of generative AI in the public sector unless based on an approved business case, and against the use of “free-of-charge” generative AI tools, like ChatGPT’s free version. From an FOI perspective, the law and guidance do not yet deal explicitly with the applicability of the FOI Act to the use of AI tools. However, based on current principles, it is likely that their use, when it intersects with official duties, will be within the scope of FOI.

Public sector bodies should carefully manage the use of AI within their existing information governance and other relevant governance frameworks, both generally and for FOI purposes.

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The content of this article is provided for information purposes only and does not constitute legal or other advice.

[1] Guidance Note 24 published by the Central Policy Unit of the Department of Public Expenditure and Reform