Do you have to archive AI conversations? Records law and your AI assistant
Short answer
Not every AI conversation is a record, but as soon as an output is used in a decision, an advice or an account, it belongs in the case file. Public records law requires government information to be kept in good, orderly and accessible condition. So make sure approved documents land in the case system, and agree a short, explicit retention period for loose prompts and drafts.
When does an AI output become a record?
Records law covers information a public body receives or produces in connection with its tasks. What matters is not the technology but the role the information plays:
| Situation | Treatment |
|---|---|
| A summary used in a decision | Belongs in the case file, with the decision |
| A draft that was approved and sent | A record, like any sent document |
| A query that led to nothing | Not a record; short retention |
| Minutes of a meeting | A record once approved |
| Logging of AI use | Management data, with its own period from security and the AI Act |
What that means in practice
- Let approved documents land in the case system, not in an employee’s chat history.
- Agree a short retention period for loose conversations, for example a few months, with automatic deletion.
- Separate records from logging. The audit log serves security and accountability, not the archive; it has its own period.
- Follow the retention schedule. The case file’s retention period determines how long the related AI output stays, not the other way round.
- Remember disclosure. What sits in a file may fall under an information request. See Handling information requests with AI.
Pitfalls
- Keeping everything. A full chat history for every employee is not an archive, but it is a risk in access requests and data breaches.
- Keeping nothing. If a decision rests partly on an AI summary and it is gone, you cannot show afterwards what you relied on.
- Records outside the building. If the assistant runs at an external service, your drafts sit there, with their own retention and access.
- No agreement per application. Record per automation what is kept and where. See Setting up an AI register.
How werqly fits in
With werqly the assistant runs on a node of your own organisation. Prompts, outputs and logs sit in your own infrastructure, with retention periods you set yourself, and automations can place approved documents straight into your case system. That keeps the archive where it belongs. See AI for local government and Generative AI in local government.
Frequently asked questions
Questions on this topic
Do employees’ prompts have to be archived?
Usually not. A query that led to nothing is not a record. If the output is used in a decision, advice or account, it belongs in the case file and follows that file’s retention period.
How long do we keep AI conversations?
For loose conversations a short, explicit period of a few months fits, with automatic deletion. For outputs that land in a file, the retention period of that file under your retention schedule applies.
Do AI conversations fall under information requests?
Documents about an administrative matter held by the body may fall under a request. The less loose conversation history you keep unnecessarily, the more manageable that stays.
Is the audit log the same as the archive?
No. The audit log serves information security and accountability, with its own retention period, partly from the AI Act. The archive is about the documents that record the work of the organisation.
Sources
This article is general information, not legal advice. Rules and guidance change; check the sources listed or ask your lawyer or DPO if in doubt.