Governments adjust policies in the face of a flood of requests for artificial intelligence records

(TNS) — A flood of Right to Know requests submitted through artificial intelligence tools has surprised public records clerks at government agencies across Pennsylvania, including in Somerset County.

The requests, which are essentially anonymous, have arrived at Somerset County’s right-to-know mailbox by the dozens each day for the past several weeks, county officials said.

They are sent under the name “Frank Curry” to an address linked to FOIA Buddy, an artificial intelligence-powered web company that files open records requests on behalf of paying clients.

FOIA Buddy’s name reflects the acronym for the Freedom of Information Act, a federal law that provides access to federal documents of a public nature.

States have their own laws for accessing records from state and local government agencies. Pennsylvania’s right-to-know law provides access to information from local government agencies, including counties, municipalities, and school districts.

Somerset County Attorney Jaclyn M. Shaw said that while FOIA Buddy requests are submitted without the name and address of the actual requester, the fact that they include the name Frank Curry in addition to a physical address had forced the county to treat them like any request submitted firsthand by an individual.

However, he said, that has changed with recent guidance from the Pennsylvania Office of Open Records, which oversees and decides Right to Know appeals and conducts training on the Right to Know Act.

The Open Records Office has issued an alert on its website, saying it “has been contacted by numerous agencies that have received Right to Know Act requests from requesters using FOIA Buddy.”

“The Open Records Office recommends that agencies review their internal policies regarding the acceptance of anonymous requests under the Right to Know Act,” the office said. “If an agency has decided not to accept anonymous requests, that policy should be prominently posted on an agency web page.”

Somerset County commissioners unanimously adopted a resolution Tuesday stating that “anonymous applications will not be considered.”

Shaw said the fact that anonymous requests are being made through AI is concerning, but there is no evidence that requesters are seeking information for nefarious purposes.

Somerset County Chief Clerk Scott DeArmitt, who handles right-to-know requests for the county, said requests have flooded his inbox.

He said they appear to be gathering information that can be used to generate profit for a company. They ask, for example, “where the county contracts services from,” he said. “They’re trying to see if they can get business from that.”

Shaw, who is the attorney for several agencies in several counties, said the requests made to other agencies sought information about IT services.

The state’s Open Records Office has confirmed that FOIA Buddy is “operated by individuals who have the stated goal of efficiently promoting government transparency and accountability in a cost-effective manner for all involved,” the office said on its website. “There is no indication that FOIA Buddy is a party to any phishing, scraping or scamming activity.”

Many counties have adopted resolutions similar to the one recently adopted by Somerset County, DeArmitt said.

According to the Open Records Office, FOIA Buddy has appealed cases where his requests have been denied.

“To the extent FOIA Buddy disagrees with an agency’s response regarding a request submitted under the Right to Know Act, he or she may file an appeal with the Open Records Office,” the office said. “Appeals involving FOIA Buddy have already been filed and recorded with the Open Records Office.”

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