Alan Butler Executive Director and President | Official website
Generative AI technologies are raising concerns regarding compliance with federal records laws, particularly the Freedom of Information Act. Enid Zhou, senior counsel at the Electronic Privacy Information Center, highlighted the potential challenges associated with generative AI and its implications on government record-keeping.
Zhou emphasized the ambiguity surrounding agency and user-generated content in relation to generative AI systems. She expressed concerns about the lack of clarity in determining whether inputs, user prompts, or outputs produced by AI systems qualify as records under the DHS-OpenAI clause. Additionally, Zhou pointed out the implications for record management and data storage, stating, "The mention of ‘Company’s record management and data storage processes’ could raise an issue of whether an agency has the capacity to access and search for these records when fulfilling a FOIA request."
Furthermore, Zhou noted the importance of transparency in how agencies utilize generative AI outputs and whether decision-making processes are influenced by them. She warned against potential misuse of exemptions, such as the deliberative process privilege, to shield information generated by AI systems. Zhou stated, “Agencies already abuse the deliberative process privilege to shield information that’s in the public interest, and I wouldn’t be surprised if some generative AI material falls within this category.”
In light of these concerns, Zhou underscored the critical need for government oversight to ensure transparency and accountability in the integration of generative AI technologies within federal agencies.
