Illinois: Complying with the Illinois AI Video Interview Act

A few months ago, the Illinois legislature unanimously passed HB 2557, the Artificial Intelligence Video Interview Act (the Act).  This bill addresses employer use of AI in the recruiting/hiring process, namely, AI used to analyze applicants in video interviews.  The bill imposes a number of responsibilities on employers to provide notification, information, and obtain authorization from applicants who will be subject to AI analysis.  The Act applies to employers who are seeking to fill a position in Illinois.

1. Notice and explanation. Employers are required to notify applicants that AI programs will be used to analyze their interview video.  An explanation of how the AI program works and what characteristics the AI uses to evaluate the applicant’s suitability for the position must be provided as well.
2. Authorization. Applicants must consent to the AI analysis process prior to the video interview being obtained.
3. Confidentiality. Employers may not disclose the video interview to any person unless they have the expertise or technology needed to evaluate the applicant.
4. Retention. Videos – including any copies provided to third parties – must be destroyed within 30 days of an applicant’s request.  Employers must instruct any other persons who have copies of the video to destroy said copies.

Notably, the Act does not define “artificial intelligence” nor specify how detailed the explanation of the AI analysis process must be.  It is also unclear what penalties or damages could apply for employers who fail to comply, or the exact scope of the law’s application. Employers wanting to use AI video in hiring should review the requirements with legal counsel before moving forward.

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