Illinois AI Video Interview Act (PA 101-0260)
Summary
The Illinois Artificial Intelligence Video Interview Act (PA 101-0260), effective January 1, 2020, regulates employer use of AI analysis in video interviews. Employers must inform applicants before the interview that AI will analyze facial expressions, word choices, or other characteristics, explain how the AI system works and what it evaluates, and obtain explicit written consent before proceeding. Applicants who do not consent cannot be penalized. Employers must limit video sharing to those whose expertise is necessary for evaluation. Upon applicant request, employers must delete the video within 30 days and instruct any third parties to do the same. The Illinois Department of Labor has enforcement authority. While narrow in scope, this law pioneered state-level AI employment regulation and influenced subsequent legislation across states.
Affected Requirements
Nexara AI Analysis
Narrative
- The Illinois AI Video Interview Act (PA 101-0260) establishes specific compliance obligations for employers using AI systems to analyze video interviews
- including mandatory disclosure
- consent
- and data retention requirements. This regulation directly impacts AI systems used in hiring processes that analyze candidate characteristics during video interviews. Among the affected systems
- the Employee Resume Screener appears most relevant if it incorporates video interview analysis functionality. Organizations must ensure compliance with notice
- consent
- explanation
- and data deletion requirements when deploying AI systems that analyze facial expressions
- word choices
- or other candidate characteristics during video interviews within Illinois jurisdiction.
AI-Specific Regulation
Yes — this regulation specifically targets AI systems
Recommended Actions
- Review current video interview processes to determine if AI analysis of facial expressions
- word choices
- or other characteristics is conducted
- Implement pre-interview disclosure requirements informing applicants that AI will be used to analyze video interview content
- Develop clear explanations of how the AI system works and what characteristics it evaluates for candidate assessment
- Establish explicit written consent procedures before conducting AI-analyzed video interviews
- Create data retention and deletion policies to comply with 30-day deletion requirements upon applicant request
- Restrict video sharing to personnel whose expertise is necessary for evaluation purposes
- Train HR personnel on compliance obligations and applicant rights under the Illinois AI Video Interview Act
Severity Assessment
Medium severity for organizations conducting video interviews with AI analysis in Illinois. Compliance failure can result in enforcement action by the Illinois Department of Labor.