First Amendment & Legal
AI and Technology
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Public Records in the AI Era

PIO Toolkit Team
November 10, 2026
12 min read
Your team's AI use is creating records right now, and sooner or later a records request will come for them. What may count as a record, the policy questions leadership has not answered yet, and an AI-use policy checklist you can adapt.

TL;DR: Your communications team is likely using artificial intelligence right now to outline media releases, refine messaging, or generate graphics. What leadership hasn't realized is that every prompt, raw draft, and chat thread stored in an AI account creates a potential public record. When the first records request or legal discovery demand arrives asking how AI was used in a public decision or release, most government organizations will be caught unprepared. Managing this risk doesn't require banning AI. It requires establishing clear rules for approved tools, data retention, prohibited inputs, human review, and archiving before a legal request forces your hand.

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