UK Public Gains Right to Know How Government Uses AI: New FOI Guidance Explained

Recent rulings have confirmed that UK government departments and public bodies must consider Freedom of Information (FOI) requests for details about AI-generated content. This landmark decision follows a successful request by New Scientist for the release of a minister's ChatGPT logs. Here, we break down what these new rules mean, who they affect, and how you can exercise this right.

1. What exactly did the regulators confirm about AI and FOI requests?

The UK's information regulators have clarified that public authorities are obligated to consider FOI requests for information about AI-produced content. This means that if a government department uses AI tools—such as ChatGPT—to generate briefings, reports, or correspondence, citizens can ask for records of those outputs. The request must be evaluated under the same FOI principles as any other record, though exemptions (e.g., national security or personal data) may still apply. The confirmation came after New Scientist successfully requested logs showing how a minister used ChatGPT, setting a precedent for transparency.

2. Why did New Scientist's request for ChatGPT logs matter?

The New Scientist request was a test case. They asked for the ChatGPT interaction logs of a UK minister, arguing that AI-generated content falls under FOI law. When the government initially resisted, the regulator stepped in and ruled in favor of disclosure. This case demonstrated that the public has a right to see not just final AI outputs but also the prompts, edits, and decision-making processes behind them. It highlighted that AI use in government is not a black box—it must be open to scrutiny, just like any other official record.

3. Which public bodies are covered by these new rules?

The rules apply to all UK government departments, agencies, and public bodies that are subject to the Freedom of Information Act 2000 (or the Freedom of Information (Scotland) Act 2002 in Scotland). This includes ministries, local councils, NHS trusts, police forces, and other publicly funded organisations. Private companies contracted by the government may also be covered if they hold information on behalf of a public authority. Any entity that uses AI to assist in official functions must now be prepared to answer FOI requests about that AI use.

4. Can I request the algorithm or AI model itself, or just the outputs?

The ruling focuses on information about AI-produced content, not necessarily the underlying algorithm or proprietary model. You can request logs, prompts, generated text, and records of human edits. However, the actual code or training data of a commercial AI tool (like ChatGPT) may be protected by third-party trade secrets or commercial confidentiality exemptions. That said, public bodies must still provide a reasoned response if they refuse, and you can appeal. The key is that use of AI is transparent, even if the tool itself remains opaque.

5. How do exemptions work—can the government refuse a request for AI info?

Yes, standard FOI exemptions still apply. For AI-related requests, common exemptions include: national security (if AI is used in defence), personal data (if logs contain private info), commercial interests (for proprietary AI), and policy formulation (if disclosure would harm decision-making). However, the regulator has stressed that exemptions must be narrowly interpreted and balanced against the public interest. For instance, simply saying "AI is complex" is not a valid refusal. The authority must provide a clear, case-specific justification.

6. What should a citizen do if they want to request AI-related information?

You can submit a standard FOI request to the relevant public body—by email or via the gov.uk FOI portal. Be specific: ask for "records of any AI assistant logs, prompts, or automated decision-making outputs related to [topic]." Include dates and the department's name. If refused, you can ask for an internal review, then appeal to the Information Commissioner's Office (ICO). Pro tip: Reference the New Scientist precedent to strengthen your case. The ICO now expects public bodies to treat AI records seriously.

This guidance empowers citizens to hold AI-using institutions accountable. For more on FOI rights, visit the ICO's official page.