Warden Watch

Illinois: Artificial Intelligence Video Interview Act (820 ILCS 42)

IllinoisLegislationIn force

The Illinois Artificial Intelligence Video Interview Act regulates employers that request job applicants to submit recorded video interviews evaluated by artificial intelligence for positions based in Illinois. The law requires employers to inform candidates prior to the interview that artificial intelligence will be used, explain how the technology works and the general characteristics evaluated, and obtain candidate consent before evaluation. Employers are strictly prohibited from evaluating candidates using artificial intelligence if consent is not granted. Additionally, the legislation restricts the sharing of applicant videos to individuals whose expertise or technology is required to evaluate candidate fitness. Candidates are also granted the right to request the deletion of their video interviews, requiring employers and third parties to purge all copies within 30 days.

Impact

What this means for HR and vendors

HR and recruitment teams

HR and talent acquisition teams considering candidates for Illinois-based positions must implement clear pre-interview disclosure and consent mechanisms before utilizing AI-assisted video evaluation tools. Operations should ensure candidates are informed about how the software works and the types of characteristics evaluated. HR teams must also establish strict sharing controls for applicant recordings and implement a reliable procedure to process candidate deletion requests within 30 days across internal systems and third-party vendors.

HR technology vendors

HR technology vendors supplying AI video interview analysis tools to employers in Illinois face indirect compliance expectations from deployers seeking to meet statutory requirements. Providers must supply employers with transparent information regarding how their AI models analyze candidate videos and the characteristics evaluated to enable compliant pre-interview disclosures. Furthermore, vendors receiving applicant videos must support deployment partners in fulfilling mandatory deletion requests within 30 days, including removing electronically generated backup copies.

Key obligations

What organizations need to do

Practical obligation briefings focused on what the requirement is, who it applies to, when it applies and what teams should consider doing.

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