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A lawyer for Mason Hayes & Curran (MHC) says that the use of generative AI tools such as ChatGpt by civil servants may be within the scope of Irish law regarding freedom of information.
They commented on the release of the record earlier this year, indicating that British technical secretary Peter Kyle used ChatGpt to assist his minister’s work.
This interaction was disclosed upon request from New Scientist Magazine under the UK FOI Act.
This request was initially rejected based on the fact that the information included conversations that took place in personal and formal capabilities. But it was recognized when the magazine revealed that it wanted only those made with official capabilities.
Records can be “hold” anywhere
In a note on the company’s website, the MHC’s lawyers wrote that there is no specific guidance on whether civil servants can access ChatGPT records using Ireland’s FOI law.
“However, these records may be in scope once the current FOI law principles and FOI guidance on informal devices are applied,” they add.
The lawyers cite government FOI guidance that emphasizes that records can be “keeped” anywhere, including informal systems, email accounts, and devices.
These records are subject to the Freedom of Information Act of 2014.
They are related to the official functions and/or business activities of public institutions, and public institutions have the legal right to procure records, whether they are held in the formal or informal systems.
“Conduct usage carefully”
“If these principles are applied to generate or notify work-related content using CHATGPT and other AI tools, these interactions may be accessible in Ireland under the FOI Act,” MHC Note said.
“Like all FOI requests, it depends on an analysis of the contents of the record and the related facts and circumstances,” the lawyer adds.
The MHC recommends that recent government guidance on AI oppose the use of generator AI in the public sector, unless it is based on approved business cases and against the use of “free” generator AI tools, such as the free version of ChatGpt.
The company’s lawyers urge public sector agencies to “carefully manage” the use of AI within existing information governance and other related governance frameworks, both in general and in FOI.
