Artificial Intelligence Video Interview Act (AIVIA) - Compliance Guide

· About AI Video Interview Act

Key Takeaways

  • Employers that ask applicants to record video interviews and use AI to analyze those videos for positions based in Illinois must give advance notice, explain how the AI works, and obtain the applicant’s consent before the interview[1][7].
  • The law applies to Illinois-based hiring and also requires that applicant videos not be shared except with persons whose expertise or technology is necessary to evaluate the applicant’s fitness for the position[1][7].
  • On request, employers must delete the applicant’s interviews within 30 days and instruct downstream recipients to delete copies, including electronically generated backup copies[1][7].
  • Employers that rely solely on AI analysis of a video interview to decide whether an applicant proceeds to an in-person interview must collect and report demographic data annually to the Illinois Department of Commerce and Economic Opportunity[1][11].
  • The statute took effect on 1 January 2020, and the current statutory text shows no 2025–2026 repeal or delay; instead, the major 2025–2026 development is a separate Illinois AI-in-employment framework taking effect in 2026[1][4][14].

What It Is

The Artificial Intelligence Video Interview Act is an Illinois employment law codified at 820 ILCS 42 that regulates employer use of AI to analyze applicant video interviews for Illinois-based positions[1][3][7]. It is enforced through the Illinois statutory framework, with reporting duties tied to the Department of Commerce and Economic Opportunity and demographic analysis by that department[1][11].

The Act was effective on 1 January 2020[3][7]. The core statute in force today requires pre-interview disclosure, an explanation of how the AI functions, prior consent, limits on sharing, and deletion rights[1][7]. A later reporting provision requires annual demographic reporting by 31 December for the 12-month period ending 30 November of the preceding year[1].

A separate Illinois employment AI amendment effective 1 January 2026 expands discrimination-based AI restrictions under the Illinois Human Rights Act, but it does not repeal the Video Interview Act[2][4][14]. As of the available current sources, no 2025–2026 amendment appears to have displaced the original Video Interview Act duties[1][4][12].

Who Must Comply

The Act applies to an employer that asks applicants to record video interviews and uses AI to analyze the applicant-submitted videos when considering applicants for positions based in Illinois[3][7]. The statutory trigger is not general AI use in hiring; it is the combination of applicant-recorded video interviews and AI analysis of those videos[1][7].

The statutory text, as surfaced in the official Illinois materials, focuses on positions based in Illinois[3][7]. That means extraterritorial reach is limited by the job location and hiring context rather than by the employer’s headquarters alone[3][7].

The statute does not describe a broad small-employer exemption in the sources reviewed, and the obligations are written as direct duties on covered employers[1][7]. The separate 2026 Illinois AI employment rules, however, reach broader employment decisions and are distinct from this law[2][4][14].

Core Requirements

  1. Pre-interview notice. The employer must notify each applicant before the interview that AI may be used to analyze the video interview and consider the applicant’s fitness for the position[1][7].
  2. Plain-language explanation. The employer must provide information before the interview explaining how the AI works and what general types of characteristics it uses to evaluate applicants[1][7].
  3. Prior consent. The employer must obtain the applicant’s consent before the interview to be evaluated by the AI program as described in the information provided[1][7].
  4. Restricted sharing. The employer may not share applicant videos except with persons whose expertise or technology is necessary to evaluate the applicant’s fitness for the position[1][7].
  5. Deletion on request. Within 30 days after an applicant’s request, the employer must delete the applicant’s interviews and instruct other recipients to delete the videos, including electronically generated backup copies[1][7].
  6. Demographic reporting when AI alone drives advancement. If the employer relies solely on AI analysis of a video interview to decide whether an applicant gets an in-person interview, the employer must collect and report specified demographic data annually[1][11].

Deadlines and Penalties

| milestone | date | what applies | |---|---:|---| | Act effective | 1 January 2020 | Core notice, explanation, consent, sharing, and deletion duties apply[3][7] | | Annual demographic report due | 31 December each year | Report data for the 12 months ending 30 November to DCEO[1] | | DCEO analysis/report to legislature | 1 July each year | Department analyzes reported data and reports whether it discloses racial bias[1] | | Current 2026 framework effective | 1 January 2026 | Separate Illinois AI-in-employment restrictions take effect, but do not replace the Video Interview Act[4][14] |

The statutory sources reviewed do not specify a dedicated fine schedule for the Video Interview Act itself[1][7]. The main concrete sanction-like consequences in the statute are mandatory deletion obligations and reporting duties, while broader employment-AI violations may also implicate the Illinois Human Rights Act under the later 2026 framework[2][4][14]. Because the available current materials do not identify a Video Interview Act civil penalty amount, any monetary exposure should be checked against enforcement practice and any related Illinois law that may apply to the same conduct[1][4][14].

How to Comply

  1. Inventory the workflow. Identify every hiring flow that uses recorded video interviews and any AI scoring, ranking, transcription, or recommendation layer tied to those interviews.
  2. Map the legal trigger. Confirm whether the role is based in Illinois and whether AI is analyzing applicant-submitted video, since that combination brings the Act into scope[3][7].
  3. Build compliant notices. Draft a pre-interview notice that clearly states AI may analyze the video and describes the general characteristics used, using plain language suitable for applicants.
  4. Implement affirmative consent. Require a separate consent step before the interview begins, and retain an audit trail showing when and how consent was obtained.
  5. Restrict vendor access. Limit video access to personnel and vendors whose expertise or technology is necessary for evaluation, and encode this in contracts and role-based access controls[1][7].
  6. Create deletion and retention controls. Set a 30-day deletion workflow for applicant requests, including backup deletion notices to downstream recipients and vendors.
  7. Prepare reporting inputs. If AI alone determines whether candidates advance to in-person interviews, establish a data pipeline to collect the required demographic fields and file the annual report on time[1][11].
  8. Align governance with ISO 27001, NIST CSF 2.0, and ISO 42001. Use ISO 27001 for access control, retention, and supplier management; NIST CSF 2.0 for governance, identify-protect-detect-respond-recover workflows; and ISO 42001 for AI lifecycle controls, transparency, and accountability.

Related Regulations

  • Illinois Human Rights Act amendments effective 1 January 2026 broaden restrictions on AI that causes discrimination in employment decisions and create notice-related obligations beyond video interviewing[2][4][14].
  • EEOC guidance on AI and employment selection overlaps on discrimination risk, but it is federal guidance rather than a state-specific disclosure statute.
  • Illinois Biometric Information Privacy Act can overlap if video interview systems capture biometric identifiers or face geometry, creating separate consent and retention issues.
  • New York City Local Law 144 regulates automated employment decision tools in hiring and can conflict operationally with multi-state recruitment workflows.
  • Colorado AI Act and similar state AI employment laws may impose risk-management, notice, or discrimination duties that exceed Illinois’s video-specific rules.

FAQ

Does the Illinois AI Video Interview Act apply to companies outside Illinois?

Yes, if the employer is considering applicants for positions based in Illinois and asks them to record video interviews that are then analyzed by AI[3][7]. The key trigger is the Illinois-based hiring use case, not just where the employer is incorporated. Employers with multi-state recruiting should treat Illinois as a distinct compliance lane.

Does continuing the interview count as consent?

The statutory text requires consent before the interview, so reliance on passive participation is not a safe substitute[1][7]. A defensible program uses an explicit consent step that occurs after the notice and explanation and before any AI analysis begins. That is also easier to evidence in an audit.

What must the employer explain about the AI?

The employer must explain how the AI works and what general types of characteristics it uses to evaluate applicants[1][7]. The statute does not require source code disclosure, but it does require meaningful pre-interview transparency. Vague statements such as “we use technology” are not a reliable substitute for the statutory explanation.

Can the employer keep applicant videos indefinitely?

No. If an applicant requests deletion, the employer must delete the interviews within 30 days and instruct other recipients to delete copies, including backup copies[1][7]. Even where no request is made, retention should be minimized because the statute limits sharing and ties the process to a specific hiring purpose[1][7].

Is there a penalty schedule in the statute?

The sources reviewed do not identify a standalone fine amount for a Video Interview Act violation[1][7]. The practical exposure is noncompliance with statutory duties, possible enforcement under related Illinois employment law, and operational risk from retention or disclosure failures[2][4][14]. Employers should not assume the absence of a published fine means the duty is optional.

Did Illinois change this law in 2025 or 2026?

No current source reviewed shows a repeal or material amendment to the Video Interview Act itself in 2025–2026[1][4][12]. What did change is Illinois’s broader AI-in-employment regime effective 1 January 2026, which adds separate discrimination and notice obligations[2][4][14]. That makes the hiring compliance picture broader, not narrower.

Sources

Put it into practice

More compliance guides