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Freedom of Information (FOI) and Artificial Intelligence

Practitioners tell us that requesters have begun to use artificial intelligence (AI) to help them make information requests. This may explain the increase in requests received by many public authorities in 2025.

Practitioners tell us that when people make requests using AI, the requests:

  • can be very long, repetitive and contain unrelated comments or misdirected demands;
  • have a greater scope; and 
  • can be written in a way which makes it harder to identify the information being requested.

Information requests often involve secondary correspondence, such as clarification or internal reviews. If requesters use AI to read and respond, it can result in long, complex emails. These take valuable time for practitioners to process and understand.

We appreciate that resources are already stretched for many organisations. This guidance is intended to reassure practitioners that the Freedom of Information Act (FOIA) can accommodate requesters who use developing technology. The existing FOI principles are generally capable of dealing with the impact of AI being used increasingly in this area.

Does using AI make a request invalid?

Not necessarily. Using AI to assist in writing a request is like using other kinds of technology. That includes generating a request from a prompt. You must respond to these requests unless they are invalid because they don’t meet the requirements in section 8 of FOIA.

The FOIA was drafted over 25 years ago, and there have been many changes in the way we use technology since then. For example, requests made through social media were not envisioned when FOIA came into effect in 2005 but are generally valid requests, provided that the requirements of section 8 of FOIA are met.  

If you have concerns that someone is using AI to send pseudonymous requests, review our guidance on recognising a request made under FOIA (section 8).  The guidance on section 8 can also apply if you have concerns that a bot has been targeted at your organisation and is making requests without human involvement.

Do requests made using AI always contain accurate information?

No. Requests drafted using AI might misrepresent the rights provided by FOIA. They might make references to ICO decision notices or case law that doesn’t exist. But just because a request contains inaccuracies, it doesn’t mean it’s invalid . People sometimes make mistakes in their requests without using AI but  the request can still be valid, regardless of whether AI is used.

Public authorities should make sure their information access staff are trained appropriately. Practitioners who understand what the law does and does not say will feel confident to push back on inaccurate statements. The ICO’s guidance should also help with this.

 

Can you tell requesters that AI has got something wrong?

Yes. It’s fine to tell a requester that their request includes a statement about FOIA which is incorrect or that it appears that AI has complicated the request. If they have a misunderstanding about how the legislation works, politely correct them. This will mean they have a better, more efficient experience using their rights in the future. If they are unhappy about it, you may point them to this guidance which shows that we suggest it as good practice. Remember that FOIA requires you to give appropriate advice and assistance to requesters as described in our guidance on section 16.

 

Which parts of the legislation might apply to an AI-generated request?

Clarification

You may need to clarify requests if the use of AI has made the wording of the request more complex. As with any other request, go back to the requester if the scope of the request is unclear. If you need to ask for clarification you must do so in a timely fashion.

For further information, we have guidance on interpreting and clarifying requests.

Cost limit

Using AI to draft a request may result in asking for more information than the requester is looking for. When a request or part of a request is so broad that it exceeds the cost limit, you must provide appropriate advice and assistance to help the requester reformulate their request.  Take a collaborative approach to help meet their information needs.

We have guidance on requests where the cost of compliance exceeds the appropriate limit (section 12 of FOIA) and advice and assistance (section 16 of FOIA).

Burdensome, repeated and vexatious requests

Using AI to draft requests may result in an increased volume of requests, repetition of requests or an inappropriate tone.

You may consider refusing a request under section 14 in the following circumstances:

  • The request is excessively burdensome on your resources, but is not covered by the section 12 cost limit.
  • The requester is using AI to send repeated requests for substantially similar information. 
  • The requester is using AI to send requests intended only to disrupt your work or impact your resources.
  • The requester is using AI to send requests which pursue matters you have already told them you consider closed. 
  • A group of requesters are using AI to send a high volume of related requests as part of a campaign.

The above list is not exhaustive and we have further guidance to help you on dealing with vexatious requests (section 14(1)) and repeat requests (section 14(2)).

What can you say to requesters about using AI to make a request?

You may consider adding the following text, or similar, to the relevant page of your website. If you want to use the exact text, you can say that this advice comes from the Information Commissioner’s Office, the regulator for FOIA and EIR in England, Wales and Northern Ireland.

Using AI to help draft information requests?

AI tools can be helpful, but they can also introduce errors or create overly complex requests that increase the burden on public bodies and cost to the taxpayer.

When using AI to help draft an information request, please make sure the final wording has been checked and reflects your actual information needs.

Before you submit a request or secondary correspondence, please check that:

You are only asking for the information you are genuinely looking for.

AI tools sometimes generate broad or excessive wording that goes beyond the information you actually want or need;

The request is clear, concise and focused.

Short, straightforward requests are easier for us to process and usually lead to quicker, more accurate responses;

There are no obvious factual inaccuracies.

AI can misrepresent legislation or misstate what organisations do. Please review the text of your request carefully and don’t assume AI is right. If it has referred to something you don’t understand, check what it is; and

The tone is appropriate.

AI-generated content can sometimes sound abrupt, or otherwise inappropriate. Please check the tone before sending.

Why does this matter?

We are seeing an increase in requests and secondary correspondence that appear to have been drafted by generative AI. These can require additional clarification because of inaccuracies or unnecessary complexity. This creates delays for both requesters and our teams.

Need guidance?

You can find advice on making effective information requests on the Information Commissioner’s Office website.

 

Is AI-generated information subject to FOIA?

Yes - if you hold the recorded information, it’s subject to FOIA. If staff at a public authority use AI for work purposes, the information generated will be subject to FOIA along with the prompts used.

If the AI tool used keeps the conversations and past prompts, then that is recorded information within the meaning of section 84 of FOIA. If a request covers such information, you must search that tool. You should transfer any official information generated in this way to a corporate information management system, with appropriate retention periods.

If it’s unclear to you whether AI-generated information is held by your organisation, consult our guidance on determining whether information is held and our guidance on information you hold for the purposes of FOIA . 

 

Is AI-generated information exempt if it is inaccurate?

No. Just because information is inaccurate, it does not mean that it is exempt from FOIA. If you have doubts about the factual accuracy of information which you hold which has been generated by AI and to which no exemptions apply, you should explain that to the requester.

This is in line with our guidance on finding and preparing information. 

What are some of the potential benefits of AI?

There are current and potential benefits in using AI for FOI handling. It could speed up triaging incoming requests, identify relevant information and help monitor response times, among other potential benefits.

AI could assist you to:

  • find and suggest relevant information (either from disclosure logs or wider records management systems) before someone makes a request;
  • speed up triaging incoming requests; 
  • ensure wider records are searched to ensure the maximum amount of information is provided in a reduced time; 
  • help draft responses. In particular, it could help simplify complicated correspondence, putting it into plain English; 
  • provide a summary of information when you are disclosing large datasets, or complicated documents. This may be required under section 11, or may be an extra step you take to improve public understanding of the disclosure. You would need to check that the information that you input and the summarisation or simplification that is produced is correct; 
  • improve redaction tools. But practitioners would need to be confident that information is not being improperly withheld;
  • be used to proactively disclose frequently requested records; and 
  • identify and proactively find and publish information within the scope of publication schemes.

Data protection law does not stop you from using AI tools, as long as you apply data protection principles and comply with the relevant legal requirements when using these tools to process personal data. You can find guidance on how to safeguard people’s information when using AI on our website.