IL HB2557: VIDEO INTERVIEW ACT

In one paragraph

Illinois' Public Act 101-0260 (HB 2557) creates the Artificial Intelligence Video Interview Act. Employers that ask applicants to record video interviews and use AI analysis of them for Illinois-based positions must, before the interview, tell each applicant AI may be used to analyze it, explain how the AI works and what general types of characteristics it uses, and get the applicant's consent. Employers may not use AI to evaluate applicants who have not consented, may share videos only with those needed to evaluate the applicant, and must delete videos within 30 days of an applicant's request. Approved August 9, 2019; effective January 1, 2020.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Employers using AI to analyze recorded video interviews for Illinois-based jobs must notify applicants, explain the AI and get consent before the interview, limit sharing of videos, and delete them within 30 days of a request. The Act sets no penalty.

Key provisions

1. 1Sec. 5: applies to an employer that asks applicants to record video interviews and uses an artificial intelligence analysis of the videos, when considering applicants for positions based in Illinois
2. 2Before the interview, the employer must notify each applicant that AI may be used to analyze the video interview and consider the applicant's fitness for the position
3. 3Before the interview, the employer must give each applicant information explaining how the AI works and what general types of characteristics it uses to evaluate applicants, and obtain the applicant's consent to be evaluated by the AI as described
4. 4An employer may not use AI to evaluate applicants who have not consented to the AI analysis
5. 5Sec. 10: an employer may not share applicant videos except with persons whose expertise or technology is necessary to evaluate an applicant's fitness for a position
6. 6Sec. 15: within 30 days after an applicant's request, the employer must delete the applicant's interviews and instruct anyone who received copies to delete them, including all electronically generated backups; those persons must comply
7. 7The Act as enacted sets no penalty or enforcement mechanism; Section 20 (demographic reporting by employers relying solely on AI to choose applicants for in-person interviews) was added by Public Act 102-0047, effective January 1, 2022
8. 8Approved August 9, 2019 (Public Act 101-0260); effective January 1, 2020

Latest legislative action

Aug 9, 2019. Public Act . . . . . . . . . 101-0260

Sponsors

Roll call votes

Amendments (1)

• Senate Amendment 001 Not adopted 2019-05-16