Article-by-article breakdown
Illinois AI Video Interview Act
Public Act 101-0260 (HB2557 Enrolled) - Illinois General Assembly
Provision 1 — Mandatory AI Use Notification
Applies to
- ›Employers using AI for video interviews
Plain English
This provision requires employers in Illinois to inform job applicants, before they record a video interview, that artificial intelligence (AI) may be used to analyze their video. The notification must clearly state that the AI will be used to evaluate their suitability for the position.
The core purpose is to ensure transparency, giving applicants advance notice that their interview will be subjected to automated analysis. While the Act doesn't mandate a specific format, providing this notice in writing is considered best practice to ensure clear communication and a verifiable record.
Key points
- •Applicants must be notified *before* the video interview.
- •Notification must state AI *may* be used for analysis.
- •AI analysis is for evaluating fitness for the position.
What you need to do
- 1.Integrate a clear notification into your application process (e.g., on the application portal or interview invitation).
- 2.Ensure all hiring managers and recruiters are aware of and comply with this pre-interview notification.
- 3.Consider providing the notice in writing or digitally for record-keeping purposes.
Cross-jurisdiction equivalents
Provision 2 — Explanation of AI Functionality
Applies to
- ›Employers using AI for video interviews
Plain English
In addition to notifying applicants about AI use, employers must also provide information explaining how the artificial intelligence program works. This explanation should detail the general types of characteristics the AI uses to evaluate candidates.
The goal is to demystify the algorithmic process, offering applicants insight into the criteria and methods by which their video interview will be assessed. This helps applicants understand what aspects of their performance or communication the AI is designed to analyze, such as facial expressions, body language, or word choice.
Key points
- •Employers must explain *how* the AI program operates.
- •Must detail the *general types of characteristics* used for evaluation.
- •This information must be provided *before* the interview.
What you need to do
- 1.Develop a clear, concise, and easy-to-understand explanation of your AI tool's functionality.
- 2.Ensure the explanation is accessible to all applicants, potentially through FAQs or a dedicated section on your career site.
- 3.Train recruiters and hiring managers to accurately communicate this information to applicants.
Cross-jurisdiction equivalents
Provision 3 — Explicit Consent for AI Analysis
Applies to
- ›Employers using AI for video interviews
Plain English
A critical requirement of the Act is that employers must obtain explicit consent from the applicant *before* the video interview takes place. This consent specifically authorizes the employer to use the AI program, as described in the provided explanation, to evaluate the applicant's video.
Without this explicit consent, employers are legally prohibited from using AI to analyze the applicant's video interview. This provision serves as a fundamental privacy and control safeguard, ensuring applicants actively agree to the automated assessment process.
Key points
- •Explicit consent is mandatory *before* the interview.
- •Consent must be for evaluation by the AI program *as described*.
- •AI analysis is prohibited if consent is not obtained.
What you need to do
- 1.Implement a clear and verifiable consent mechanism (e.g., a digital checkbox, signed form) within your application workflow.
- 2.Ensure that consent is recorded and auditable for compliance purposes.
- 3.Establish alternative, non-AI-based evaluation methods for applicants who decline AI analysis, to avoid disadvantaging them.
Cross-jurisdiction equivalents
Provision 4 — Restrictions on Video Sharing
Applies to
- ›Employers using AI for video interviews
Plain English
This provision imposes strict limitations on who can access or receive applicant video interviews. Employers are prohibited from sharing these videos with anyone except individuals whose expertise or technology is genuinely necessary for evaluating the applicant's fitness for the position.
The intent is to protect applicant privacy by preventing unnecessary dissemination of sensitive personal data. This means access should be limited to relevant hiring personnel, AI system administrators, or third-party AI service providers directly involved in the evaluation process, and only to the extent required for their specific role.
Key points
- •Applicant video interviews can only be shared with essential personnel.
- •Sharing is limited to those whose expertise or technology is *necessary* for evaluation.
- •Prevents broad or unauthorized distribution of video data.
What you need to do
- 1.Establish clear internal policies and procedures for who can access applicant video interviews.
- 2.Implement technical access controls (e.g., role-based access, secure platforms) to enforce sharing limitations.
- 3.Ensure any third-party AI vendors or consultants you work with also adhere to these strict sharing restrictions through contractual agreements.
Cross-jurisdiction equivalents
Provision 5 — Applicant Right to Data Deletion
Applies to
- ›Employers using AI for video interviews
Plain English
Applicants are granted the right to request the deletion of their video interview and all associated copies. Upon receiving such a request, the employer must delete the video and all copies, including electronic backups, within 30 days.
Furthermore, the employer is obligated to instruct any other parties who received the video (e.g., third-party AI providers) to also delete their copies. This provision empowers applicants with significant control over their personal data, allowing them to withdraw their data from the employer's and associated parties' systems.
Key points
- •Applicants can request deletion of their video interview and all copies.
- •Deletion must occur within 30 days of the request.
- •Employers must instruct third parties who received the video to also delete it.
- •Includes electronic backups.
What you need to do
- 1.Develop a clear and efficient process for handling applicant deletion requests.
- 2.Ensure your technical systems can facilitate complete deletion of video data and backups within the 30-day timeframe.
- 3.Establish contractual agreements with third-party AI vendors that require them to comply with deletion requests upon your instruction.
Cross-jurisdiction equivalents
Provision 6 — Demographic Data Collection for Sole AI Screening
Applies to
- ›Employers using AI as the sole method for initial screening
Plain English
Effective January 1, 2022, if an employer uses AI analysis as the *only* method to select candidates for in-person interviews, they are required to collect and report the race and ethnicity of applicants. This specific requirement was added to address concerns about potential algorithmic bias.
The purpose of this data collection is to enable monitoring and evaluation of the AI system's impact on diverse applicant pools. By tracking demographic data, employers can assess whether their AI-driven screening processes are inadvertently leading to discriminatory outcomes and take steps to mitigate any identified biases.
Key points
- •Applies *only* if AI is the *sole* method for initial candidate selection.
- •Requires collection and reporting of applicant race and ethnicity data.
- •Effective date: January 1, 2022.
- •Aims to monitor and prevent AI bias in hiring.
What you need to do
- 1.If your AI is the sole screening method, implement a system for ethically collecting and securely storing demographic data.
- 2.Regularly analyze the collected data to identify and address any potential biases in your AI's selection process.
- 3.Be prepared for potential future reporting requirements or audits related to this data, even if not explicitly detailed in the original Act.
Cross-jurisdiction equivalents
Provision 7 — Enforcement and Lack of Explicit Penalties
Applies to
- ›Employers using AI for video interviews
- ›Applicants
Plain English
The original Illinois Artificial Intelligence Video Interview Act does not explicitly detail specific penalties, liability provisions, or an appeals process for non-compliance. This means that if an employer violates the Act's requirements, an aggrieved applicant would typically need to seek remedies through existing legal avenues.
These avenues could include civil litigation based on privacy violations or other applicable state laws, such as the Illinois Human Rights Act. While the AIVI Act itself lacks specific enforcement mechanisms, subsequent legislation in Illinois, like House Bill 3773, has begun to provide more defined enforcement authority to the Illinois Department of Human Rights (IDHR) for broader AI-related employment discrimination, which could indirectly influence how AIVI Act violations are addressed.
Key points
- •The original Act does not specify explicit penalties or an appeals process.
- •Remedies for non-compliance typically rely on existing civil litigation or broader human rights laws.
- •The Illinois Human Rights Act and its amendments (e.g., HB 3773) provide a framework for addressing employment discrimination, including AI-related issues.
- •The Illinois Department of Human Rights (IDHR) is likely to play a role in enforcement and guidance for AI in employment.
What you need to do
- 1.Despite the absence of explicit penalties, non-compliance can still lead to legal challenges, reputational damage, and potential enforcement under other state laws.
- 2.Strict adherence to the Act's provisions is crucial to mitigate legal risks.
- 3.Stay informed about evolving Illinois legislation and guidance from the IDHR regarding AI in employment, as the enforcement landscape is developing.
Cross-jurisdiction equivalents
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