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US State·In Effect·Effective January 1, 2020

Illinois Artificial Intelligence Video Interview Act

Dates and status re-checked against primary sources on October 19, 2026. How we verify

Requires employers using AI to analyze video interviews to notify applicants, explain how the AI works and what characteristics it evaluates, obtain consent, limit who can access the videos, and destroy the videos within 30 days of the applicant's request.

What this means for your team

If you use any AI-powered video interview tool, such as one that analyzes facial expressions, voice tone, or word choice during recorded interviews, Illinois law requires consent and disclosure before use and a video deletion process. The Act covers employers that use AI to analyze video interviews for positions based in Illinois, wherever the employer is located. Review your video interview vendor's terms to confirm they support compliance with these requirements. Separately, since January 1, 2026 the Illinois Human Rights Act (as amended by HB 3773, Public Act 103-0804) makes it a civil rights violation for an employer to use AI that has the effect of discriminating against protected classes, or to fail to tell employees it is using AI for covered employment decisions.

Key requirements

  • Notify applicants before the interview that AI will analyze the video
  • Explain what characteristics the AI will evaluate and how
  • Obtain applicant consent before the interview
  • Share applicant videos only with people whose expertise or technology is needed to evaluate the applicant
  • Delete video, and instruct anyone who received copies to delete them, within 30 days of applicant request
  • If AI analysis alone decides who gets an in-person interview, report applicants' race and ethnicity data to the Department of Commerce and Economic Opportunity by December 31 each year (added by P.A. 102-47, effective January 1, 2022)
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