Illinois Passes Bill for Regulating the Use of AI during Video Interviews

The State Legislature in Illinois has recently passed a bill, which is referred to as the “Artificial Intelligence Video Interview Act”. A relatively short legislation, it essentially provides a statutory backing for the right to privacy and providing certainty regarding the usage of personal content with regard to video interviews. The specificity the legislation provides for the disclosure of usage of AI to all applicants in writing, along with specifying how it is used, along with seeking the written consent or using the AI for the interview. In those situations where the applicant does not provide consent for usage of AI, the company does not have the authorization to use AI in the case of employment.

This is accompanied with provisions that limit the sharing of videos with others, except those individuals who have expertise to evaluate the fitness of an applicant. Additionally, after 3 months there needs to be a destruction of all videos that are with the company hiring and anyone else with whom the content was shared. However, the penalties for failing to maintain the standards does not appear to be specified in this draft.

The current bill addresses a rising concern for employees. The usage of AI employment is rising rapidly. However, the use specification and protection of data remains unclear. How data once collected can be utilized is rarely specified. Although, drafted with a greater degree of specificity it highlights and addresses some of the serious concerns arising in relation to employment and AI related technology.