Artificial intelligence (AI) and recordkeeping

What is artificial intelligence?

Artificial intelligence (AI) is the ability of a computer system to perform tasks that would normally require human intelligence, such as learning, reasoning and making decisions.

These tools work by analysing huge amounts of data and predicting patterns. For example, ChatGPT gathers information from the internet, like articles, books and social media posts, while Microsoft CoPilot uses organisational data stored in network drives or SharePoint.

Generative AI and recordkeeping

Generative AI refers to any form of artificial intelligence capable of generating new content.

NSW public offices are starting to use generative AI to make their work faster and more efficient. It’s important to remember that any record created during government business – whether by AI, a computer system, or a person – is a State record.

Under the State Records Act 1998, State records must:

• be accurate and complete
• be kept securely and protected from tampering
• only be disposed of legally.

These rules apply to all records, including those created by AI. 

Public offices must ensure their recordkeeping policies cover AI-generated records.

Risks of using AI

Generative AI tools use large language models (LLMs) to predict and compile content. They don’t think or problem-solve like humans, which can lead to errors or bias in the content they create.

For example:

• sensitive or personal information should not be entered into AI tools
• poorly written prompts can lead to inaccurate results
• AI outputs may contain errors and need verification.

Keeping AI-generated records accurate

Full and accurate records must include details about who created them, when, and why. This information, commonly referred to as metadata, is essential to effectively manage, secure and retrieve records, information and data, and must be perpetually linked to the record it relates to.

For AI-generated records, additional metadata is needed to support the accuracy, reliability and authenticity (trustworthiness) of the record. This includes:

• confirmation that the record was generated by AI
• the software used (for example, CoPilot)
• the prompts, inputs or algorithms used to create the record.

Protecting AI-generated records

AI-generated records must be protected from unauthorised changes and should not be reused in ways that could alter the original information. It is not enough to leave them in the AI tool where they were created. AI-generated records must be saved in official recordkeeping systems to ensure they are secure and accessible when required (for example, for GIPA requests).

Disposing of AI-generated records

State records, including those created by AI, can only be destroyed according to authorised retention and disposal authorities. The retention period for a record is dependant on the business activity that the record relates to.

If generative AI is used to create drafts, the same rules apply as with other drafts. Some drafts can be discarded under normal administrative practice, but others – such as those showing how decisions were made or containing significant information – must be kept.

Other government resources

The NSW Government has developed resources to support the use of AI, including:

• NSW AI assessment framework and assurance approach
• AI Ethics Policy
• DCS Circular on the use of AI for NSW Government agencies
• NSW Ombudsman's guidance on the risks of automated decision-making
• Information and Privacy Commission factsheet on citizens’ rights and automated decision-making