EffectiveIllinois

Artificial Intelligence Video Interview Act

Illinois AI Video Interview Act

Data last verified: March 23, 2026

Effective Date
January 1, 2020
Enforcement Date
Not specified in statute

Summary

Illinois AI Video Interview Act requires employers using AI to analyze video interviews to provide notice, explanation, and obtain consent before interviews (§ 5). Sharing restricted to evaluation personnel (§ 10). Deletion within 30 days upon request (§ 15). Employers relying solely on AI for screening must report race/ethnicity demographics to DCEO annually (§ 20, added 2022). Statute is silent on penalties, enforcement, and private right of action.

Who It Applies To

Not specified in statute

Penalties

Penalty Range
Not specified in statute
Cure Period
Not specified in statute
Private Right of Action
Not specified in statute
Enforcement Body
None specified (BIPA may apply if biometric data captured)
Notes
AIVIA itself is silent on enforcement and penalties. However, violations may trigger BIPA liability ($1,000-$5,000 per violation) if biometric data is captured.

Requirements (6)

  • Disclosure§ 5(1)

    This law requires employers to inform each applicant that AI may be used to analyze their video interview.

  • Explanation§ 5(2)

    This law requires employers to provide information about how the AI works and what characteristics it evaluates.

  • Consent§ 5(3)

    This law requires employers to obtain applicant consent before conducting an AI-analyzed video interview.

  • Sharing Restriction§ 10

    This law restricts employers from sharing applicant video interviews except with persons whose expertise is necessary to evaluate the applicant.

  • Data Deletion§ 15

    This law requires employers to delete video interviews within 30 days of an applicant's request.

  • Demographic Reporting§ 20 (added by P.A. 102-47, effective Jan 1 2022)

    Employers relying solely on AI analysis to determine whether an applicant is selected for an in-person interview must collect and report race/ethnicity demographic data annually to the Department of Commerce and Economic Opportunity.

Claire tracks 31 state and local AI laws across 23 US states. No prescriptive federal AI compliance statutes have been enacted. EU AI Act and sector-specific regulations are not covered.

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