Illinois AI Video Interview Act: What Employers Must Know
Illinois passed the first AI hiring law in the US in 2020. The AI Video Interview Act requires consent and disclosure when AI analyzes video interviews. In 2024, it was significantly strengthened. If you use HireVue, Pymetrics, or any similar tool in Illinois, you need to read this.
Original law: January 2020. Amended: January 2024
The original AIVIA came into force January 1, 2020. HB 3602 amended it significantly from January 1, 2024. If you reviewed your compliance in 2020-2023, review it again — the 2024 amendments added material requirements.
What the Law Covers
The Illinois AI Video Interview Act applies when an employer uses AI to analyze video interview recordings to assess candidates' fitness for a position. “Artificial intelligence” under the law means systems that use machine learning, natural language processing, or artificial intelligence to analyze a video to identify a candidates' fitness for a position.
This covers:
Covered — AIVIA applies
- AI scoring facial expressions, tone of voice, word choice
- Emotion recognition in video interviews
- Automated personality assessment from video
- AI-generated competency scores from recorded interviews
- Tools like HireVue's language/behavioral analysis features
Not covered — AIVIA may not apply
- Video interviews with no AI analysis (human review only)
- Video used purely for scheduling, no AI scoring
- Live video interviews (not recorded for AI analysis)
- Video resume storage without AI assessment
The Core Requirements (Original 2020 Law)
Notify the candidate
Before the video interview, notify the candidate that AI may be used to analyze the video and assess their fitness for the position. This must be done before the interview, not after.
Explain how AI works (general description)
Provide a general description of how the AI works and what general types of characteristics it uses to evaluate candidates. Not the specific model or algorithm — a general description of what the AI evaluates.
Obtain consent
Get written consent from the candidate before the interview. The candidate must consent to being analyzed by AI. This consent cannot be buried in general terms of service.
Delete video on request
Upon request from the candidate, delete the video within 30 days. Also delete all AI analysis data derived from the video. This applies even after the hiring process concludes.
Limit sharing
Do not share the video with anyone other than those whose expertise is necessary to evaluate the candidate's fitness for a position, or a vendor providing AI evaluation services.
What Changed in 2024: The New Requirements
HB 3602, signed into law in 2023 and effective January 1, 2024, added three significant requirements on top of the original law:
Written explanation of characteristics assessed
In addition to the general description of how the AI works, you must now provide a written explanation of the specific characteristics the AI is using to evaluate the candidate (e.g., "the AI evaluates responsiveness, engagement, and clarity based on verbal and nonverbal communication patterns"). This is more specific than the original requirement.
Restriction on third-party sharing
The 2024 amendment strengthens the sharing restriction. The video may only be shared with (a) employees or agents whose expertise is necessary, or (b) the vendor providing the AI evaluation. You cannot share analysis data or the video with data brokers, advertising platforms, or other third parties even in aggregated form without explicit consent.
Candidate retention period notification
You must inform candidates how long their video recordings will be retained before being deleted. This retention period must be included in your pre-interview disclosure. Maximum retention after position is filled: 1 year unless the candidate is employed.
Penalties and Enforcement
| Violation | Penalty |
|---|---|
| First violation | $500 per affected candidate |
| Second violation (same employer) | $1,000 per affected candidate + attorney's fees |
| Subsequent violations | $1,000 per affected candidate + attorney's fees |
| Failure to delete on request | Private right of action — candidate can sue in Illinois circuit court |
Who can sue: candidates, not just regulators
Unlike NYC Local Law 144 (which is enforced by DCWP), Illinois AIVIA gives candidates a private right of action. Any candidate can sue the employer directly in Illinois circuit court for violations — they do not need to file a complaint with a government agency first. This makes it easier to enforce and harder for employers to ignore.
Practical action checklist
Audit all video interview tools — does the vendor use AI analysis?
Update pre-interview disclosure to include AI notification, general description, AND specific characteristics assessed (2024 addition)
Obtain written consent before any AI-analyzed video interview
Document how long videos are retained — inform candidates in advance
Build a deletion process: candidate request → delete video AND all derived AI data within 30 days
Review vendor agreements — ensure they are not sharing data beyond evaluation purposes
Train HR on the private right of action: violations can go directly to Illinois circuit court
Check your hiring AI compliance across all jurisdictions
Illinois AIVIA, NYC Local Law 144, Colorado AI Act, EU AI Act Annex III. ComplianceIQ maps your AI hiring tools to the correct requirements in each jurisdiction.