San Jose Warns Employees ChatGPT Use Is Public Record

by Gabriel Greschler, Bay Area News Group, TNS, July 28, 2023

The California city became one of the first to implement a strict set of guidelines for use of the artificial intelligence tool and clarified that ChatGPT is subject to the state’s Public Records Act. The city is making one thing clear up front: Be careful what you do with this new-fangled gizmo.

Everything city workers search for and create within ChatGPT is subject to the California Public Records Act, city officials warn multiple times throughout the newly released 23-page document, meaning that any citizen can get a look at how San Jose employees are using the new AI program.

Both Boston and Seattle have published similar guidelines when it comes to AI use for its workers, though only the latter considered the implications for public records requests, briefly mentioning it in a memo released in April.

Michael Morisy, the co-founder of MuckRock, a website that assists in public records requests, said he’s seen a few users ask government agencies for AI-related documents. But he confirmed no one has yet to receive the actual ChatGPT logs, which are similar to a text message interface.