AI-generated Freedom of Information Act requests: ICO issues latest guidance

The ICO has published guidance for public authorities dealing with Freedom of Information (FOI) requests which appear to have been drafted by generative AI.

The key message is that an FOI request is not invalid simply because AI was used to help draft it. Public authorities must still assess whether the request meets the requirements of section 8 FOIA. If it does, it should be handled in the usual way.

That said, the ICO recognises a very practical problem. AI-assisted requests may be lengthy, repetitive, inaccurate, overly broad, or written in a way that makes it harder to identify what information is actually being sought. In some cases, AI may also generate incorrect references to legislation, ICO guidance or decisions, or case law.

The ICO’s latest guidance confirms that FOIA already contains mechanisms to deal with these issues, including:

1. Clarification can be sought where the scope of the request is unclear.
2. Section 12 may apply where compliance would exceed the appropriate cost limit.
3. Section 14 may be relevant where requests are vexatious.
4. Authorities can correct misunderstandings where AI-generated correspondence misstates the law.
5. The duty to provide advice and assistance under section 16 FOIA remains important.