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How AI Helps and Complicates FOIA Requests

by Kerry Rea on 09/10/2026
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Freedom of Information Act (FOIA) requests have increased dramatically. In 2024 (the most recent year data is available) there was a 25% increase in FOIA requests, totaling over 1.5 million that year alone. This increase in volume, occurring alongside cutbacks in records management staff, signals a need for a new approach for records management and FOIA request fulfillment. 

AI is emerging as a powerful tool for modernizing records management, but it is also creating entirely new legal, governance, and discoverability challenges.

AI as a Records Management Tool

A report from the National Archives and Records Administration (NARA) found that just under 19% of federal agencies are using AI or machine learning (ML) in processing FOIA requests. Across government, AI is being piloted to:

  • search records faster

  • automate redactions

  • identify sensitive information

  • reduce manual review time

The State Department explored how AI could help streamline FOIA requests by using AI-driven search algorithms and automated request processing. AI can be used to alert and direct requesters to information that is already publicly available, taking those requests out of the queue for processing. 

While AI offers clear efficiency gains, it also changes the nature of records management itself.

AI Expands Tech Role Beyond E-discovery

E-discovery tools are well established across the government to digitize workflow. These tools pull documents based on keywords, and their processes preserve legal defensibility and chain of custody. AI, on the other hand, goes beyond relying solely on exact keyword matches. AI interprets intent and semantic meaning. This can change the data being presented. In short, while E-discovery helps manage legal and records management processes, AI deals with the data those processes pull. 

AI Outputs as Discoverable Records 

As generative AI rapidly becomes embedded in government and enterprise workflows, organizations are facing a new challenge: determining how AI-generated content fits into records management, FOIA compliance, and e-discovery obligations. 

Generative AI creates entirely new categories of records that include: 

  • prompts

  • chatbot conversations

  • AI-generated summaries

  • automated recommendations

Agencies are beginning to recognize that AI-generated outputs may themselves constitute official federal records. 

The U.S. Army Chief Information Officer issued a memorandum requiring that AI products used with the Army comply with records management privacy protections and FOIA. It requires application and system owners to capture, sustain, and manage records generated through AI tools, and ensure all user interactions, including prompts and AI-generated content, are properly identified, retained, and secured as official records so that they are discoverable. 

To stay up to date on how AI is improving FOIA processing as well as how it is becoming a record to managed, check out these resources:

  • FOIA Innovations and Best Practices (October 8, 2026; virtual) – This event helps government professionals enhance their understanding and implementation of FOIA. It will delve into the future of transparency by exploring innovations, emerging technologies, and practical strategies impacting the FOIA landscape.

  • Powering Better Government Experiences with Digital Credentials (October 14, 2026; virtual) – This webinar will explore how digital credentials are helping agencies replace paper-based processes with seamless, secure and resident-centered experiences. 

  • Digitization Update: Bridging Policy, Technology, and Practice (October 22, 2026; virtual) – This virtual workshop will focus on the essential aspects of managing electronic records in the digital age. It will provide a comprehensive overview of the regulations and best practices for digitizing federal records in accordance with the Code of Federal Regulations. 

  • Electronic Records Transfer Best Practices (December 10, 2026; virtual) – This virtual workshop will cover current electronic transfer protocols and transfer best practices, as well as providing updates as to what lies ahead.

For more information on records management technology and policy, search for additional events and resources on GovEvents and GovWhitePapers.

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