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National Artificial Intelligence Initiative Act of 2020
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Illinois Artificial Intelligence Video Interview Act
Illinois’s Artificial Intelligence Video Interview Act has applied since January 1, 2020 to employers that ask applicants for recorded video interviews and use AI analysis when considering candidates for Illinois positions.
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Before the interview, employers must notify applicants, explain how the AI works and what characteristics it evaluates, and obtain consent. The law also limits video sharing, requires deletion on request within 30 days, and requires demographic reporting when AI alone determines who advances to an in-person interview.
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The Illinois Artificial Intelligence Video Interview Act, 820 ILCS 42, took effect January 1, 2020. It applies when an employer asks applicants to record video interviews and uses AI analysis of those applicant-submitted videos for Illinois positions. Before asking an applicant to submit a video interview, the employer must notify the applicant that AI may be used to analyze the video and consider fitness for the position, provide information explaining how the AI works and the general types of characteristics it uses, and obtain the applicant’s consent. An employer may not use AI to evaluate an applicant who has not consented. The Act restricts sharing: an employer may share an applicant video only with people whose expertise or technology is necessary to evaluate the applicant’s fitness. Upon an applicant’s request, the employer must delete the interview within 30 days and instruct any recipient to delete its copies, including electronically generated backups. The recipient must comply with the instruction. These terms require workable deletion controls. If an employer relies solely on AI analysis of a video interview to decide whether an applicant is selected for an in-person interview, it must collect demographic data on applicants who are and are not advanced, and on applicants hired. It reports that data annually to the Illinois Department of Commerce and Economic Opportunity by December 31, covering the preceding 12-month period ending November 30. DCEO analyzes reported data and reports to the Governor and General Assembly whether it discloses racial bias. The trigger is sole reliance for the in-person interview decision. The Act is specific to recorded video interviews and does not establish a general audit requirement for every hiring algorithm. Other laws, including the Illinois Human Rights Act as amended by HB 3773, may impose separate duties. Employers should classify each tool’s role, capture notice and consent, restrict video access, honor deletion requests, and determine whether the demographic reporting trigger applies.
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The Future of Illinois Artificial Intelligence Video Interview Act
The Act remains in force, while video-interview platforms and AI analysis methods continue to evolve. Employers should monitor Illinois statutory amendments and agency guidance, review vendor deletion capabilities, and distinguish its narrow video-interview trigger from broader employment-AI rules. A notice under this Act does not substitute for consent or other civil-rights compliance. Review the process when the employer changes vendors or moves to a new interview format. Keep documentation showing notice, consent, access, deletion, and reporting decisions. Review annually. Keep the audit trail current.
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Before asking for a recorded interview, an employer describes that AI may analyze it and explains general characteristics evaluated, then obtains the applicant’s consent.
An applicant requests deletion; the employer deletes the video within 30 days and instructs recipients to delete copies and backups.
A hiring team shares an interview only with people whose expertise or technology is necessary to evaluate the applicant’s fitness.
An employer relying solely on AI to decide who receives an in-person interview collects specified race and ethnicity data and reports it annually to Illinois DCEO.
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What is Illinois Artificial Intelligence Video Interview Act?
Illinois’s Artificial Intelligence Video Interview Act has applied since January 1, 2020 to employers that ask applicants for recorded video interviews and use AI analysis when considering candidates for Illinois positions. Before the interview, employers must notify applicants, explain how the AI works and what characteristics it evaluates, and obtain consent. The law also limits video sharing, requires deletion on request within 30 days, and requires demographic reporting when AI alone determines who advances to an in-person interview.
When must an Illinois employer provide notice and obtain consent under the Video Interview Act?
The Act requires notice, explanation, and consent before the employer asks for the video interview.
What information must the employer explain before the interview?
The law requires an explanation of how the AI works and what general types of characteristics it uses.
May an employer use AI to evaluate an applicant who did not consent?
The Act prohibits evaluating applicants with AI video analysis if they have not consented.
With whom may an employer share an applicant’s video?
The statute limits sharing to people whose expertise or technology is necessary for evaluation.
How long does an employer have to delete a video after the applicant requests deletion?
The Act requires deletion within 30 days after the request and instructions to recipients.
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