The Office of the Information Commissioner (OIC) recognises that artificial intelligence (AI) can help people in a review or complaint process, including when they are seeking an external review under the Right to Information Act 2009 (RTI Act) or making a privacy complaint under the Information Privacy Act 2009 (IP Act).

OIC is receiving an increasing number of correspondence and submissions generated by AI that contain irrelevant, incorrect, out-of-date or false information. For example, submissions in external review applications that talk about foreign case law or legislation that does not exist or apply in Queensland.

This article sets out OIC's approach to receiving AI generated information from individuals and agencies when it is not irrelevant, incorrect, out-of-date or false.

It is important that you read this guidance before giving us AI generated information. 

What is AI?

Artificial Intelligence or AI includes online tools like ChatGPT, Microsoft Copilot, Google Gemini, Claude, and QChat. These tools give you a response or answer to a question or ‘prompt’ by scanning information on the internet.

AI is quickly becoming a part of the way individuals and government agencies engage, work and respond with each other. At this early stage of its development, there are both benefits and downsides in using AI.

Benefits of using AI

AI tools can help in understanding complex topics, get across a lot of information quickly, support you in expressing your thoughts, organising and formating information in a clear way, and summarising and structuring your ideas about an issue.

AI tools can help you during an OIC external review or privacy complaint process. For example, you can use an AI tool to help you make a privacy complaint to the OIC or to write a submission to support your external review application or respond to a preliminary view that we send you.

Downsides of using AI

In summary, AI does not get it right all the time. There are risks in relying on information an AI tool gives you without checking it is relevant, current or correct.

For example:

  • Most publicly available AI tools do not know if the information they are using is reliable, current or correct, or is relevant to your circumstances.
  • Most AI tools are trained on international information sources, which may not include Australian or Queensland information or law. This means AI tools may provide you with information that is not relevant or correct.
  • AI tools can refer to laws that do not exist.
  • AI tools may give you a response that overlooks essential information or focuses on things that are not important.

AI tools can also store and share your personal or sensitive information with others if you include this information.

OIC strongly recommends not including names, addresses and other personal or sensitive information when using AI tools to protect personal privacy. 

Our approach to AI generated information

OIC is receiving an increasing amount of information and submissions from applicants and complainants that is generated by AI tools, and that contain irrelevant, incorrect, out-of-date or false information.

OIC cannot finalise external review decisions or privacy complaints using this type of information.

If you use an AI tool to help you prepare information or a submission in an external review or privacy complaint, you are responsible for checking the information these tools provide you with is relevant, current and accurate before you provide it to OIC.

If you provide OIC with information and submissions that are generated by AI tools and contain irrelevant, incorrect, out-of-date or false information, we will take one or any of the following steps in accordance with our powers under the IP and RTI Acts (Eg. section 168 of the IP Act, and sections 94 and 96 of the RTI Act).

  • We may ask you to explain what the information means, or ask you to provide us with relevant, current and accurate information before we finalise your matter. These extra steps will likely delay finalising your application or complaint.
  • We will disregard any irrelevant, incorrect, out-of-date or false information or submissions you give us if we are satisfied that you are aware, or should be reasonably, aware that they contain this type of information.
  • We may decline to accept or continue to deal with an external review application or privacy complaint (either in full or in part).

Further information

Visit OIC's website for information and advice about the IP Act, RTI Act, OIC processes, applying for an external review, making a privacy complaint or to search for a similar previous external review decision. You can also get assistance by contacting our Enquiries Service.

Print Page