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Rockingham County commissioners warn staff that AI prompts may be public records
Summary
Commissioners discussed a recently adopted county AI policy and warned that employee prompts and AI outputs could be subject to disclosure under RSA 91-A; staff said training and dissemination of the policy are underway.
A Rockingham County commissioner told colleagues at the June 11 Board of Commissioners meeting that staff should treat artificial-intelligence prompts and outputs as potentially subject to public-records disclosure under New Hampshire law.
The commissioner, who attended a Primex conference on AI, said county employees should be cautious because “all the input and output is 91A discoverable,” and that prompt history can be reviewed. County staff confirmed the AI policy was vetted through Primex and said training and distribution of the policy are in progress.
Why it matters: Commissioners said the discoverability of prompts means employees could inadvertently create records that become part of public requests, including draft language or questions entered into generative tools. Commissioners urged staff to avoid using AI for sensitive items without oversight and to follow the new policy and training.
Board members asked information-technology and HR staff to continue rolling out training and to confirm which AI tools are permitted on county accounts. One commissioner asked IT to coordinate with county account administrators so administrators can review activity and help staff understand what is preserved and subject to disclosure.
The discussion concluded with a request for staff to follow up with Primex and county IT to clarify record retention, disclosure procedures and how prompts are stored or audited. No formal vote was required; the item was discussed as part of commissioners’ reports.
