Recently, the Illinois legislature passed legislation regulating companies’ use of artificial intelligence (AI) in evaluating job interview videos. The Artificial Intelligence Video Interview Act (the Act), which received nearly unanimous support in both legislative chambers and is likely to be signed into law by Governor Pritzker, requires employers using AI to assist in evaluating video interviews to provide a disclosure to applicants before the video interview takes place. Specifically, the Act requires employers to disclose that AI will be used to analyze the video interview, explain how the AI technology being used works, and explain the characteristics the AI uses to evaluate candidates. The Act also requires employers to obtain the applicant’s consent to use AI before recording the interview.

In addition to these notice and consent requirements, the Act also requires employers to protect the collected video recordings by restricting access only to individuals that are necessary to evaluate the candidate. Employers must also destroy all active and backup copies of collected recordings within 30 days of receiving such a request by an applicant. In complying with destruction requests, employers are also responsible for ensuring that anyone else who received a copy of the recording, such as a vendor or business partner, also deletes all copies of the recording within the required time frame.

TIP: Illinois continues to be at the forefront of states in regulating emerging technologies. As with the state’s regulation of biometric information through the Biometric Information Privacy Act (BIPA), this legislation favors regulating, rather than restricting, the use of emerging technologies. Companies with operations in Illinois interested in using AI in evaluating interview videos should consult with counsel to craft appropriate disclosures and consent mechanisms that comply with this law.