Illinois AI Video Interview Act compliance for employers
Illinois AI Video Interview Act compliance applies when an employer uses artificial intelligence to analyze an applicant’s video interview and consider the applicant’s fitness for a position. Before AI analysis occurs, the employer must notify the applicant, explain how the AI works and the general characteristics it uses, and obtain consent.
Illinois AI Video Interview Act compliance applies when an employer uses artificial intelligence to analyze an applicant’s video interview and consider the applicant’s fitness for a position. Before AI analysis occurs, the employer must notify the applicant, explain how the AI works and the general characteristics it uses, and obtain consent. The employer may not use AI to evaluate an applicant who has not consented.
Employers must restrict video sharing, delete videos and copies within 30 days after an applicant request, instruct recipients to delete their copies, and evaluate whether annual demographic reporting is triggered when AI alone determines who receives an in-person interview.
When the Act applies
The Act applies to employer use of artificial intelligence to analyze an applicant’s video interview and consider the applicant’s fitness for a position. The compliance obligation begins before AI analysis occurs, so the notice, explanation, and consent sequence must happen early enough in the hiring workflow to prevent unapproved AI evaluation.
The employer may not use AI to evaluate an applicant who has not consented. For hiring teams, this means consent is not only a disclosure artifact. It is a gating control that should determine whether the AI-enabled interview workflow can proceed.
Core compliance requirement
Before AI analysis occurs, the employer must notify the applicant, explain how the AI works and the general characteristics it uses, and obtain consent.
Core compliance controls
The supplied page identifies four practical control areas for AI-enabled video interview workflows. These controls help turn the statutory obligations into operational evidence that HR, legal, privacy, security, and vendor governance teams can review.
| Control area | Compliance purpose | Evidence to preserve |
|---|---|---|
| Notice and consent | Deliver AI-specific notice, explanation, and affirmative consent before AI analysis begins. | Candidate-specific disclosure version, consent timestamp, interview event, and AI-analysis event. |
| Restricted access | Limit video sharing to personnel and technologies necessary to evaluate applicant fitness. | Role-based access control records, least-privilege configuration, and access logs. |
| Deletion readiness | Delete requested videos and copies within 30 days, including vendor-held and backup copies. | Deletion request record, deletion completion record, and instructions sent to recipients. |
| Audit evidence | Maintain candidate-level records for disclosures, consent, AI analysis, access, decisions, and deletion actions. | Records that connect the applicant, disclosure, consent, AI use, access, decision role, and deletion actions. |
Deletion and retention workflow
The Act requires the employer, upon applicant request, to delete the applicant’s video interviews, including copies, within 30 days and instruct other recipients to delete their copies, including electronically generated backup copies. This is a cross-system obligation, not only a recruiting task.
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Receive and record the applicant request
Track the request so the 30-day deletion requirement can be managed and evidenced.
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Delete video interviews and copies
Delete the applicant’s video interviews, including copies, within 30 days after the request.
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Instruct other recipients to delete their copies
Send deletion instructions to other recipients, including for electronically generated backup copies.
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Retain audit evidence without retaining video longer than necessary
Consent evidence should be accessible for audit without requiring retention of the video longer than necessary.
Operational controls for compliant AI video interviewing
Operational controls should make the required behavior the default. The following controls preserve the substance of the employer obligations while improving reviewability and audit readiness.
Jurisdiction-aware gating
Identify Illinois applicants or Illinois hiring workflows early enough to trigger the required notice, explanation, and consent before recording or AI analysis. The platform should prevent AI analysis when consent is missing or withdrawn.
Versioned disclosure management
Retain the exact notice and explanation version shown to each applicant. If the AI model, scoring logic, evaluation characteristics, or workflow materially changes, review whether disclosure language also needs to change.
Affirmative consent capture
Record candidate-specific consent timestamps and associate them with the interview event and AI-analysis event. Consent evidence should be accessible for audit without requiring retention of the video longer than necessary.
Alternative route for non-consent
Because the employer may not use AI to evaluate an applicant who has not consented, HR should define a non-AI or alternative assessment route before launching the workflow.
Data sharing restrictions
Limit access to videos to people whose expertise or technology is necessary to evaluate applicant fitness. Role-based access control, least privilege, and access logs are practical controls for this requirement.
Decision-role documentation
Document whether AI informs, recommends, ranks, or solely determines advancement to an in-person interview. This distinction affects reporting analysis and broader employment-law risk review.
Vendor governance and enterprise AI risk
Vendor oversight matters because deletion, access control, backup copies, disclosure versioning, and audit evidence can span recruiting systems, AI tools, storage locations, and other recipients. The employer’s deletion obligation includes copies and requires instructions to other recipients to delete their copies, including electronically generated backup copies.
For enterprise AI risk teams, the practical governance question is whether the organization can show what happened for a specific applicant: what notice was shown, what explanation was provided, whether consent was captured, whether AI analysis occurred, who accessed the video, how the AI affected the hiring workflow, and whether deletion actions were completed after a request.
Preparing for adjacent Illinois and federal developments
Employers using AI-enabled video interview tools in Illinois hiring workflows should evaluate the Act alongside broader employment-law risk review and related AI governance practices. The supplied controls focus on notice, consent, data sharing, deletion, decision-role documentation, vendor oversight, and audit evidence.
Annual demographic reporting should be evaluated when AI alone determines who receives an in-person interview. Decision-role documentation helps clarify whether AI informs, recommends, ranks, or solely determines advancement to an in-person interview.
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