If government employees use ChatGPT or similar AI tools in the course of their official duties, the content of those interactions may be considered public records under applicable state and federal laws. Public records are defined not by the medium or technology used, but by whether the material documents the conduct of public business. Therefore, prompts, responses, and related communications generated or received through AI tools—when created or used in an official capacity—are potentially subject to disclosure through public records requests, unless a specific legal exemption applies. Agencies should establish clear policies to ensure compliance with records retention, privacy, and transparency obligations when using AI technology.

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