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A tribunal has ordered HMRC to disclose whether it uses artificial intelligence in handling research and development (R&D) tax claims, following an appeal by software entrepreneur Thomas Elsbury.
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The ruling overturned the Information Commissioner’s earlier support of HMRC’s refusal to confirm or deny its use of generative AI, raising broader concerns about transparency, confidentiality, and public trust.
Experts have highlighted that openness is critical as AI becomes increasingly embedded in decision-making, especially where sensitive intellectual property is at stake.
HMRC now has 35 days to comply with the order—either by disclosing the information or issuing a valid refusal—underscoring the growing tension between technological innovation and accountability in public administration.
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