Illinois AI Video Interview Act Compliance Guide

The Illinois Artificial Intelligence Video Interview Act (AIVI Act), effective January 1, 2020, was one of the first US laws to regulate AI analysis of video interviews in the hiring process. The Act applies to employers who use AI to analyze video interviews submitted by applicants for positions based in Illinois.

The Act establishes three core requirements: informed consent before AI analysis, explanation of how the AI works and what characteristics it evaluates, and deletion rights for applicants who request their video recordings be destroyed.

While the AIVI Act is narrower in scope than laws like the Colorado AI Act or NYC Local Law 144, it established important precedents for AI transparency and consent in employment contexts that have influenced subsequent legislation across the country.

Organizations using AI in video interview analysis can leverage Areebi to manage compliance through policy enforcement, consent tracking, and compliance monitoring.

The AIVI Act imposes three specific obligations on employers using AI to analyze video interviews:

1. Informed Consent

Employers must notify applicants that AI will be used to analyze their video interview and obtain the applicant's consent before the interview. The notification must be provided before the video interview is conducted, and the applicant must affirmatively agree to AI analysis.

2. Explanation of AI Analysis

Employers must provide applicants with information about how the AI works, including:

• The general types of characteristics the AI considers when evaluating applicants
• How the AI evaluates these characteristics to assess applicant fitness for the position

3. Deletion Rights

Upon an applicant's request, the employer must:

• Destroy the video within 30 days of the request
• Instruct any third parties who received copies of the video to also destroy their copies

These deletion rights apply regardless of the outcome of the interview process. Areebi's audit trails can track consent records and deletion requests to ensure compliance with these requirements.

The AIVI Act restricts how employers may share applicant video interviews:

• Videos may only be shared with persons whose expertise or technology is necessary to evaluate the applicant
• Employers cannot share videos with unnecessary third parties
• This restriction applies to both the original video and any AI-generated analysis or scoring

Organizations should implement access controls and data governance policies that restrict video interview data to authorized personnel only. Areebi's policy engine and role-based access controls help enforce these sharing restrictions across the organization.

The Act also requires employers who rely solely on AI analysis (without human review) to select candidates for in-person interviews to:

• Report to the Illinois Department of Commerce and Economic Opportunity (DCEO) the demographics of applicants who are and are not selected for in-person interviews
• Report demographic data by race and ethnicity categories

This reporting requirement creates an additional compliance obligation and underscores the Act's concern about AI-driven bias in hiring. Organizations should maintain records of AI-assisted selection decisions with demographic data for reporting purposes.

Areebi's compliance dashboards can track selection patterns and support demographic reporting requirements. Request a demo to see how Areebi supports employment AI governance.

The AIVI Act should be viewed as part of a broader landscape of AI employment regulation that includes NYC Local Law 144 (bias audits for hiring AI), the Colorado AI Act (algorithmic discrimination in employment), and the Illinois Genetic Information Privacy Act and Biometric Information Privacy Act (BIPA).

Organizations should take a holistic approach to AI employment governance:

1. Consent management: Implement systematic consent collection and tracking for all AI-analyzed interviews
2. Transparency documentation: Maintain clear documentation of AI capabilities, characteristics evaluated, and evaluation methods
3. Data lifecycle management: Implement deletion workflows that satisfy the 30-day requirement and third-party notification obligations
4. Access controls: Restrict video interview data access to authorized personnel using Areebi's RBAC controls
5. Audit trails: Maintain comprehensive records of consent, analysis, sharing, and deletion for each applicant

Explore our pricing plans for AI governance, or visit our Trust Center for compliance documentation. Review related compliance pages for NYC Local Law 144 and the Colorado AI Act.