Pennsylvania government employees’ use of artificial intelligence chatbots may largely remain hidden from public view, following a recent ruling by the state’s Office of Open Records. The decision, reported February 18, 2026, stems from a request by WITF seeking ChatGPT logs from over two dozen state agencies.
Transparency Concerns Arise
Governor Josh Shapiro’s office previously denied WITF’s request, arguing the chats qualify as exempt “notes and working papers” and “internal, predecisional deliberations.” Pennsylvania’s Office of Open Records largely agreed with this assessment. This ruling highlights a potential gap in the state’s public records law and could limit accountability for how officials utilize AI technology, according to transparency advocates.
However, Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association, clarified that AI chat logs are “presumptively public” unless an agency can prove an exemption. According to Melewsky, if AI is used to create a policy or press release, those outputs *are* public records.
AI Adoption and Policy
Throughout 2024, the Shapiro administration piloted a secure OpenAI tool across 14 state agencies, involving 175 employees. The administration reported this saved employees approximately 95 minutes per day in tasks like writing and research. Licenses for roughly 300 employees using OpenAI cost over $7,500 monthly, or $90,000 annually, even as another 2,200 employees use Microsoft Copilot as part of existing licensing agreements.
The administration’s AI policy requires disclosure of AI use, even for partial content generation. However, the policy permits AI for drafting materials reviewed by a human employee before publication, potentially exempting much of the AI’s use from public record if the administration’s interpretation is followed.
A single chat log shared with WITF during the pilot program showed an employee asking ChatGPT for details on housing proposals and examples of successful policies in other states. ChatGPT’s response informed aspects of Shapiro’s newly released Housing Action Plan, though the administration maintains the AI summary did not significantly influence the plan’s development.
Frequently Asked Questions
What did the Shapiro administration argue when denying WITF’s request for ChatGPT logs?
The administration argued the chats were exempt because they were “notes and working papers used solely for that official’s or employee’s own personal use” and “internal, predecisional deliberations.”
What is the Pennsylvania NewsMedia Association’s position on the public access to AI chat logs?
According to media law counsel Melissa Melewsky, every AI chat is “presumptively public,” unless proven exempt by an agency.
How much did the OpenAI pilot program cost the state?
Licenses for roughly 300 employees using OpenAI cost more than $7,500 per month, totaling $90,000 annually.
As AI tools become more integrated into government operations, how will Pennsylvania balance the benefits of increased efficiency with the public’s right to know?
