Law / United States /
Illinois
Artificial Intelligence Video Interview Act
820 ILCS 42/1 et seq. (P.A. 101-260, eff. )
In force since .
An AI transparency rule binding private bodies.
- How the hook was established
- express
- What makes it apply
- Place of effect
- Obligation class
- Disclosure, Consent, Retention, Reporting
- Audit expectation
- periodic
- Who audits it
- Regulator
What it requires
- Before asking an applicant to submit a video interview, notify them that artificial intelligence may be used to analyze it and consider their fitness for the position.NIST AI RMFMEASURE 2.8
- Explain, before the interview, how the artificial intelligence works and what general types of characteristics it uses to evaluate applicants, and obtain the applicant's consent.NIST AI RMFMEASURE 2.8NIST AI RMFMAP 1.6
- Do not share an applicant's video except with a person whose expertise or technology is necessary to evaluate fitness for the position.NIST AI RMFMEASURE 2.10
- Delete an applicant's interview video, and instruct anyone else who received a copy to do the same, within 30 days of the applicant's request.NIST AI RMFMANAGE 4.1
- If you rely solely on AI analysis of a video interview to select applicants for an in-person interview, collect and report race and ethnicity data on applicants and hires to the Department of Commerce and Economic Opportunity every year by December 31.NIST AI RMFGOVERN 4.2
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- GOVERN 4.2Organizational teams document the risks and potential impacts of the AI technology they design, develop, deploy, evaluate, and use, and they communicate about the impacts more broadly.
- MAP 1.6System requirements (e.g., “the system shall respect the privacy of its users”) are elicited from and understood by relevant AI actors. Design decisions take socio-technical implications into account to address AI risks.
- MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
- MEASURE 2.10Privacy risk of the AI system – as identified in the MAP function – is examined and documented.
- MANAGE 4.1Post-deployment AI system monitoring plans are implemented, including mechanisms for capturing and evaluating input from users and other relevant AI actors, appeal and override, decommissioning, incident response, recovery, and change management.
- NIST AI 600-1
- GAI-RISK-04Data Privacy
- GAI-RISK-07Human-AI Configuration
- GAI-RISK-08Information Integrity
- GAI-RISK-09Information Security
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-DET-004AI System Observability
- AIR-DET-021Agent Decision Audit and Explainability
- ETSI EN 304 223
- 5.1.3-2Threats developers cannot resolve are passed to operators and on to end-users.
- 5.2.2-5AI-specific incident management and recovery plans that are created, tested and maintained.
- 5.3.1-1Users told where and how their data is used, accessed and stored, with developers informing operators.
- 5.3.1-2.1That guidance covers proper use, limits and likely failure modes.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
What it makes you log
Who may demand the log
Regulator
What the log must hold
Affected person reference
Logging duty
Section 20 requires an employer that relies solely on artificial intelligence analysis of a video interview to decide who receives an in-person interview to collect race and ethnicity data on its applicant pool and report it to the Department of Commerce and Economic Opportunity every year by December 31, so the Department can analyze whether the practice discloses racial bias. The clause never names a log, record, or audit trail; it requires collecting and reporting data that cannot be produced without keeping it over the reporting period, so the duty is implicit. Section 15's separate duty to delete an applicant's video within 30 days of the applicant's request governs the underlying interview recording, not this demographic record, and states no retention period for what Section 20 requires.
- Kind
- Implicit
- As of
- Provision
- 820 ILCS 42/20(a) and (b)
- Trigger
- automated_decisions
What this law does
An employer that asks applicants for Illinois-based positions to record video interviews and uses artificial intelligence to analyze those videos must, before the interview, notify the applicant that AI may be used, explain how the AI works and what general characteristics it evaluates, and obtain the applicant's consent; sharing of the video is limited to persons whose expertise or technology is necessary to evaluate fitness for the position, and an applicant may request deletion of their video within 30 days.
An employer that relies solely on AI analysis of a video interview to decide who receives an in-person interview must collect and annually report race and ethnicity data on applicants and hires to the Department of Commerce and Economic Opportunity, which reports to the Governor and General Assembly whether the data disclose racial bias.
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