Public Records and AI
Knowledge Bundle: Public-Sector AI Readiness Concept ID: government:public_records Concept Type: Records and Transparency Guidance Status: Draft Audience: Public agencies, clerks, legal counsel, IT teams, department leaders Steward: OKF Expert AI Use: Human-reviewed Last Reviewed: June 2026
Purpose
Public agencies should consider how AI-generated content, prompts, uploaded documents, chat histories, and AI-assisted work may intersect with public-records, retention, transparency, and disclosure obligations.
AI does not remove an agency’s responsibility to preserve records that are otherwise required to be retained.
Key Considerations
- Whether prompts or AI-generated outputs qualify as agency records
- Whether communications created with AI must be retained
- Whether AI systems store chat history or uploaded files
- Whether vendor systems retain agency data
- Whether staff can export records when needed
- Whether AI-assisted documents require human review before release
- Whether the agency can explain how AI was used in a public-facing workflow
Recommended Practices
- Use approved AI tools only.
- Avoid entering confidential or protected information into public AI systems.
- Document agency-approved AI workflows.
- Maintain records according to applicable retention schedules.
- Preserve material AI-assisted work products when required.
- Establish clear rules for chat logs, prompts, uploaded files, and generated drafts.
- Consult records-management and legal staff before deploying public-facing AI systems.
Questions for Agencies
- Does the AI platform retain prompts, uploads, or outputs?
- Can the agency export records on demand?
- Can records be deleted according to retention rules?
- Are audit logs available?
- Who owns the data submitted to the AI system?
- Does the vendor use agency data for model training?
- Can the agency respond to a public-records request involving AI-assisted work?