January 1, 2020, organizations that employ individuals based in Illinois will need to keep in mind the Artificial Intelligence Video Interview Act. This Act sets forth new requirements for video-recorded interviews using AI to analyze such recordings. The law is not limited to just Illinois residents. It applies to applicants for positions based in Illinois. While brief, and without any definitions, the Act requires three things before using AI technology in video interviews.

First, businesses using AI technology in this way must notify the applicant before the interview that AI may be used. Second, they must explain how the AI works and what “general types” of characteristics it uses to evaluate applicants. Finally, the applicant must consent to the use of AI. Applicants can ask organizations to delete these AI video interviews. Businesses must honor these requests within 30 days and instruct others who received copies to also delete the video.

Putting it Into Practice: This law represents another example of state-led efforts to regulate new technologies. If your organization does use AI to interview applicants, now is the time to review your processes, including what notification and consent procedures you have in place, as well as your data storage practices.