Back
Biometric Information Privacy Act
webAuthor
blesousky@fbtlaw.com
Relevant to AI governance discussions around employment screening; Illinois's AI Video Interview Act is one of the earliest U.S. state laws specifically regulating algorithmic decision-making in hiring contexts.
Metadata
Importance: 35/100guidance documentanalysis
Summary
This legal analysis from Frost Brown Todd covers Illinois's AI Video Interview Act, which regulates employer use of AI to analyze video job interviews. It outlines employer obligations including disclosure, consent, data deletion, and limitations on sharing AI-analyzed interview data with third parties.
Key Points
- •Employers using AI to analyze video interviews in Illinois must notify applicants before the interview and obtain their consent.
- •The law requires employers to delete AI-analyzed video data within 30 days upon applicant request.
- •Employers are prohibited from sharing AI-analyzed video data with third parties except for limited technical purposes.
- •Failure to comply can expose employers to significant liability under Illinois's existing Biometric Information Privacy Act framework.
- •The law reflects growing state-level regulatory attention to AI use in high-stakes hiring decisions.
Cited by 1 page
| Page | Type | Quality |
|---|---|---|
| US State AI Legislation Landscape | Analysis | 70.0 |
Cached Content Preview
HTTP 200Fetched Mar 15, 20266 KB
-->
-->
Illinois’ Artificial Intelligence Video… | FBT Gibbons
Skip to Main Content.
FBT Gibbons
Illinois’ Artificial Intelligence Video Interview Act: What You Need to Know
Illinois’ Artificial Intelligence Video Interview Act: What You Need to Know
Jan 13, 2020
Share
Tweet
Connect
PDF
Contributors
Related Capabilities
Technology
Data, Digital Assets & Technology
Labor & Employment
Search
Submit
Popular Insights
Receive email updates on topics that matter to you.
Learn More
Overview
Over the past two years, there has been an increasing number of services that purport to use artificial intelligence (AI) to help employers make hiring decisions. Companies such as Gecko, HireVue, and Mya use video footage of interviews to evaluate and make hiring recommendations based on applicants’ facial expressions, body language, word choice, and tone of voice. As these services have gained popularity, they have started to draw the interest of legislators who are concerned with the potential negative implications of this technology.
Illinois is the first state to tackle this issue. It passed the Artificial Intelligence Video Interview Act in August 2019. The bill officially went into effect in January 2020 and applies to all employers that use an AI tool to analyze video interviews of applicants for positions based in Illinois.
The law has two components that employers need to be aware of: (1) notice and consent; and (2) privacy and deletion rights.
Notice and Consent
The primary feature of the law is disclosing the use of AI. This is a key goal of legislators because the technology is not readily apparent when in use. The law requires employers to notify applicants before the interview that AI may be used to analyze their video interview and consider the applicant’s fitness for the position. The statute does not specify whether that notice must be in writing, but written notice would be the best practice.
The law also requires employers to provide applicants with information before the interview explaining how the AI works and what general types of characteristics it uses to evaluate applicants. It is unclear how much information must be provided here, but this could be a sticking point for employers since the AI systems are generally secretive about how exactly they work.
Finally, after appropriate notice has been provided, the law requires employers to obtain the applicants’ consent to use the AI system to review their interviews. Again, the law does not specify whether consent must be in writing, but written consent should be obtained as a best practice.
Privacy and Deletion Rights
Illinois is a trailblazer in protecting the privacy of biom
... (truncated, 6 KB total)Resource ID:
01709d77146f05bd | Stable ID: NjFkZTM5Y2