Federal Agencies Are Reportedly Using AI To Complete FOIA Requests, Sparking Concerns From Transparency Advocates

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Topline At least three agencies—the Justice Department, the State Department and the Centers for Disease Control and Prevention—are testing the use of artificial intelligence systems to help them handle massive caseloads of Freedom of Information Act requests, a proposition many transparency advocates feel uneasy with, NBC News reported, citing federal officials with knowledge of the matter.

Text from the ChatGPT page of the OpenAI website is shown in this photo. ChatGPT is the most famous … [+] language-learning artificial intelligence model. (AP Photo/Richard Drew, File)

Copyright 2022 The Associated Press. All rights reserved. Key Facts Agencies are reportedly using various systems, including one called “FOIA Assistant,” to handle what is often a burdensome task of providing government documents to citizens, journalists, activists and others who are legally entitled to receive public records through the Freedom of Information Act.

Adam Marshall, who works as an attorney at the nonprofit government watchdog Reporters Committee for Freedom of the Press, told NBC News he is hopeful artificial intelligence can make more information available to the public faster, but he said there are several aspects that need to be handled first, including “clear standards for the use of this technology and assurances that they’re being followed” and “procedures in place for challenging decisions where machine algorithms are used.”

Marshall said he was concerned that FOIA officers could become too reliant on artificial intelligence and allow it to make too many key decisions about whether documents are legally releasable—decisions that usually involve thorough legal analysis.

However, many believe artificial intelligence will solve a longtime transparency issue, with Jason R. Baron, a professor at the University of Maryland and an expert on the use of artificial intelligence in government access, telling NBC News: “There is no way for FOIA to work in the future unless you can automate searching of the millions, hundreds of millions, billions of records that these government agencies hold,” adding, “The problem is simply unsolvable without AI.”

Key Background The Freedom of Information Act, passed by Congress in 1967, requires federal government agencies to release most documents, data and government information to private citizens. Its goal is to increase government transparency and allow the public to better participate in government by giving it the information with which to evaluate its decisions. Additionally, all 50 states have similar laws, known as sunshine laws, to give citizens access to documents, data and information from state-level government agencies.

Big Number More than 928,000. That’s how many FOIA requests federal agencies completed in 2022, according to the U.S. Office of Information Policy. It’s the highest number ever.

Further Reading Some U.S. government agencies are testing out AI to help fulfill public records requests (NBC News)

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