Illinois AI Video Interview Act Guide
Everything employers need to know about complying with Illinois' AI hiring laws (820 ILCS 42).
What Is the AI Video Interview Act?
The Illinois AI Video Interview Act (AIVIA) was one of the first US laws regulating AI in hiring.
It specifically targets the use of artificial intelligence to analyze video interviews submitted by applicants for positions based in Illinois.
The law mandates three core "pillars" of compliance:
- Notice & Explanation
- Explicit Consent
- Data Destruction
Does This Apply to You?
Take this quick assessment to check if your video interview process triggers AIVIA.
Illinois AIVIA Compliance Check(AI Video Interview Act)
Determine if your video interview process triggers Illinois AI compliance obligations in under 2 minutes.
What this questionnaire covers
- Use of AI analysis in video interviews
- Notice and consent requirements
- Data destruction obligations
What the Law Requires
1. Notice & Consent
- • Notify applicant before the interview that AI will be used
- • Explain how the AI works and what characteristics it evaluates
- • Obtain prior consent from the applicant
2. Privacy & Sharing
- • Employers are strictly limited in sharing video interviews
- • Videos can only be shared with persons whose expertise is necessary for evaluation
3. Data Destruction
- • Employers must comply with applicant requests to delete interviews
- • Deletion must occur within 30 days of request
- • Includes deleting all backup copies
Compliance Responsibility
| Responsibility | Expert Hire | Employer |
|---|---|---|
| Provide consent capture UI | ||
| Explain AI evaluation logic | ||
| Delete data on request | ||
| Ensure videos aren't shared improperly | ||
| Respond to candidate deletion requests |
Expert Hire Makes Compliance Automatic
We build Illinois AIVIA compliance directly into our video interview flows.
Built-in Consent Screen
Candidates cannot start a video interview without reviewing our clear, plain-language AI notice and clicking "I Consent."
One-Click Deletion
When a candidate requests deletion, our system purges their video data and all derived AI scores instantly across backups.
Frequently Asked Questions
Does this apply to Zoom interviews?
Typically, no. The law applies to "video interviews" that are analyzed by AI. Live interviews are usually exempt unless an AI tool is recording and analyzing them in real-time.
Do we need to report demographics?
Yes, but only if you rely solely on AI analysis to offer in-person interviews. You must report data to the DCEO annually.
What if the applicant refuses consent?
They cannot be compelled to use the AI video interview. You may need to offer an alternative non-AI interview method.
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