Privacy & Cybersecurity Law Blog

The Illinois legislature recently passed the Artificial Intelligence Video Interview Act, which prohibits an Illinois employer from using artificial intelligence (“AI”) to evaluate job interview videos unless the employer complies with certain requirements.

Under the law, an Illinois employer that uses AI to analyze job interview videos must take the following actions prior to asking applicants to submit video interviews: (1) notify each applicant before the interview that AI may be used to analyze the applicant’s video interview and consider the applicant’s fitness for the position; (2) provide each applicant with information before the interview explaining how the AI works and what general types of characteristics it uses to evaluate applicants; and (3) obtain, prior to the interview, consent from each applicant to be evaluated by the AI program. The law explicitly prohibits employers from using AI to evaluate applicants who have not consented to such analysis.

The law also imposes restrictions on the disclosure and retention of job interview videos. An employer is prohibited from sharing applicant videos “except with persons whose expertise or technology is necessary in order to evaluate an applicant’s fitness for a position.” In addition, upon request from a job applicant, employers must delete an applicant’s interview video within 30 days of receipt of the request, and instruct any other person who receives copies of the video to delete the video, “including all electronically generated backup copies.” The law explicitly directs such persons who have received copies of the video to comply with the employer’s instructions.

The text of the law currently does not contain a provision providing for regulatory enforcement or a damages remedy. The law also does not define the term “artificial intelligence,” which could potentially lead to inconsistent application of the law’s requirements. Nevertheless, the law is set to take immediate effect if it is signed by the governor.