Artificial Intelligence (AI)

Artificial Intelligence (AI) has the potential to help improve the way government services are delivered. But with all emerging technology, its complexities come with many risks. Proper management of the information, data and evidence of your agency’s AI practices will ensure those risks are manageable.

This webpage addresses key considerations regarding the use of AI, covering Information Management, Freedom of Information (FOI) and Privacy.

It is not intended to outline how to implement or use AI within your agency.

What is AI?

AI refers to the use of techniques and technologies, including machine learning, natural language processing and robotics, to perform tasks and produce outputs that would normally require human involvement.

The productivity potential AI presents has seen the South Australian Government increasingly, albeit cautiously, adopt it. As more and more agencies, businesses and members of the public use AI technology, it continues to change and grow rapidly.

Generative AI	Generative AI uses a range of learning models to create new content based on instructions provided to them. The content it creates can be text, images, video, audio and/or code. Generative AI can create this content using a specified dataset or content published online (also known as training data). Generative AI example: chatbots and text-to-image generators like Microsoft’s Copilot and Google’s ChatGPT.
Automation AI	Automation AI technologies perform tasks and actions that would usually be performed manually by a human. Automated AI example: using Siri and Alexa to play a song or turn on the lights.
Machine learning and other decision-making AI	Machine learning and other decision-making AI technologies make decisions based on existing information created and managed by subject matter experts (this is also known as training data). These AI systems usually require tailored algorithms that are built specific to the organisation’s needs. Machine learning example: Grant application assessor or cyber security analyst.
Combination AI	Combination AI technologies can do all of the above: create content, form decisions on that content, and then perform actions on that content within specific parameters and by using available limited data sets. Combination AI example: Agentic AI

Information Management and AI

In the conduct of government business, agencies are required to keep accurate records. These “official records” are defined in the State Records Act 1997 (SR Act) as a ‘record made or received by an agency in the conduct of its business’.

Implementing and using AI systems to perform or assist with the business functions of your agency is no different to any another business system. Official records related to AI are required to be created, captured and managed to provide evidence of decisions made and events that have occurred. For example:

Records that support all elements of the AI systems lifecycle including development, implementation, management and disposal.
AI prompts and outputs

See our Artificial Intelligence and Information Management webpage for more information.

Privacy and AI

South Australian Government agencies are governed by the Information Privacy Principles Instructions (external site) (external site) (IPPI).

Agencies who are considering using AI need to be aware of the privacy risks in relation to the collection, use and disclosure of personal information.

See our Artificial Intelligence and Privacy webpage for more information.

Freedom of Information and AI

Under the Freedom of Information Act 1991 (FOI Act) an agency is said to hold a document if the agency has an immediate right of access to it. This includes AI related material such as transcripts, prompts, training data and outputs.

See our What is a document? and Sufficiency of Search webpages for more information on what might be in scope of an FOI application.

Frequently asked questions (accordion)

It depends on whether your agency allows AI use. Your agency should have an AI policy that provides guidance on what you can and can’t do with AI.

If you don’t know of any agency policy, ask your manager, or your IT team.

For further information on AI policies, standards and guidelines, see: Policies, standards, and guidelines | Office for AI (external site) (external site)

Not always.

Agencies should consider AI generated outputs as official records by default and assess on a case-by-case basis.

Outputs can include AI chat conversations, meeting transcript summaries and recordings or system specific reports.

Under the State Records Act 1997, an official record is defined as a ‘record made or received by an agency in the conduct of its business’.

As such, if you are using AI to create outputs for business purposes, those records may qualify as ‘official records’ and need to be retained to meet business and legislative requirements.

However, outputs can sometimes be transitory, ephemeral or a draft with no business purpose. In these instances, outputs may not be deemed a record and can be disposed of through normal administrative practice (NAP).

For more comprehensive information on AI, official records, prompts and outputs, see: Artificial Intelligence and Information Management | State Records of South Australia

For further information on NAP, see: Disposal | State Records of South Australia

Not always.

However, AI outputs (including transcripts) should be considered as official records by default.

Transcripts are notorious for being inaccurate so it is considered best practice to use them to help prepare formal meeting minutes that are accepted by those who attended. Where formal minutes are prepared, the transcript generated by AI can be considered to have no continuing value (e.g. transitory) and can be disposed of through normal administrative practice (NAP).

For more comprehensive information on AI, official records, prompts and outputs, see: Artificial Intelligence and Information Management | State Records of South Australia

Much like AI outputs, AI prompts should be considered official records by default and assessed on a case-by-case basis.

Prompts entered into AI tools, by public officers undertaking their functions, may be official records for the purposes of the State Records Act 1997. A prompt is more likely to be a record, if it’s needed to explain a decision or provide context to understand the operation of your agency’s function.

A prompt is less likely to be a record if it becomes transitory or ephemeral in nature or is a draft where its value has diminished. In these instances, the prompt can be disposed of through normal administrative practice (NAP).

For more comprehensive information on AI, official records, prompts and outputs, see: Artificial Intelligence and Information Management | State Records of South Australia

For further information on NAP, see: Disposal | State Records of South Australia

Yes.

Under the Freedom of Information Act 1991, any documents your agency has an immediate right of access to must be processed if they fall within scope of an FOI application. This includes AI related records such as transcripts, prompts and outputs.

This makes it particularly important to ensure outputs, such as meeting transcripts, are accurate or replaced with an approved, authoritative version. Failure to ensure transcripts are true and correct may mean inaccurate documents are provided to FOI applicants.

For more information on what constitutes a document under FOI, see: What is a document under the FOI Act?

All official records created and received by your agency, including records created using AI, must be managed in accordance with the State Records Act 1997.

State Records’ Managing Digital Records in Systems Standard defines the minimum requirements agencies must meet when storing digital records. Records must be stored securely in systems compliant with this Standards, kept in good condition and are accessible for as long as required.

For more information on storing records, see: Storing Information | State Records of South Australia

There might be.

Agencies who are considering using AI tools or technologies which collect and/or process personal information should conduct a privacy impact assessment (external site) (external site) (PIA) to manage privacy risks and ensure compliance with the Information Privacy Principles Instruction. (external site) (PDF) (external site) (PDF)

See our Artificial Intelligence and Privacy and Privacy Impact Assessment Guideline (external site) (external site) for more information.

Sensitive or classified information should not be entered into a publicly available generative AI tool. This is because once you have entered the information, control over it is lost.

However, if an agency is using an AI tool in an appropriately secured, controlled, ringfenced environment, it should be ok to enter sensitive information. Agencies will need to have tight policies around the AI tool use before entering sensitive information.

Privacy Impact Assessments (PIA) are a useful tool to assess privacy risks for projects that include personal information. For more information on PIAs, see: Privacy Impact Assessment Guideline | State Records of South Australia

For more information on using AI safely, securely and aligned with human values, see the South Australian Office for Artificial Intelligence AI Ethics Policy (external site) (PDF) (external site) (PDF) and the Guideline for the use of Large Language Model AI Tools and Utilities (external site) (PDF) (external site) (PDF).