Illinois Artificial Intelligence Video Interview Act (AIVIA) + 2024 Expansion: AI Compliance Requirements
Illinois AIVIA (effective January 1, 2020, expanded 2024) requires employers to notify applicants before using AI to analyze video interviews, obtain consent, explain how the AI works, and limit data sharing. The 2024 expansion requires employers using AI in other hiring decisions (not just video) to conduct impact assessments for racial bias and notify the IL Department of Labor. Distinct from AAIA (Illinois Artificial Intelligence in Hiring Amendments Act, eff. January 1, 2026).
Key Facts
January 1, 2020
$500 per violation (first violation); $1,000–$1,500 for repeat violations
What Your Business Must Do
3 compliance requirements identified. Critical requirements carry the highest risk of enforcement action.
Video Interview AI Notice & Consent
CriticalBefore using AI to evaluate video interviews: (1) Notify applicants that AI will be used and how. (2) Explain what characteristics the AI evaluates. (3) Obtain written or electronic consent. Applicants may not be required to submit if they do not consent.
Interview Video Data Deletion
High PriorityDelete applicant video recordings and any AI analysis results within 30 days of a deletion request. Do not share video data with third parties except for the sole purpose of providing the AI evaluation service.
AI Hiring Bias Assessment (2024 Expansion)
High PriorityIf using AI in any employment decision, annually request that the AI vendor or tool provide a bias/impact assessment demonstrating the tool does not have a disparate impact on race or zip code. Report results to the IL Department of Labor.
Frequently Asked Questions
Does Illinois Artificial Intelligence Video Interview Act (AIVIA) + 2024 Expansion apply to my business?
Illinois AIVIA (effective January 1, 2020, expanded 2024) requires employers to notify applicants before using AI to analyze video interviews, obtain consent, explain how the AI works, and limit data sharing. The 2024 expansion requires employers usi. Use ComplianceIQ's free scanner to get a personalized assessment in under 5 minutes.
What is the penalty for non-compliance?
The maximum penalty under Illinois Artificial Intelligence Video Interview Act (AIVIA) + 2024 Expansion is: $500 per violation (first violation); $1,000–$1,500 for repeat violations. Fines are typically scaled by company size, severity of violation, and whether violations were willful or accidental.
How do I comply with Illinois Artificial Intelligence Video Interview Act (AIVIA) + 2024 Expansion?
The 3 requirements above cover the core obligations. The fastest path to compliance is: (1) conduct an AI risk assessment, (2) document your AI systems, (3) implement transparency disclosures where required. ComplianceIQ generates all required documents automatically.
Official Source
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4203&ChapterID=68Don't leave compliance to chance
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