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Illinois Law Regulates Use of AI In Video Interviews

On August 9, 2019, Illinois’ governor signed the Artificial Intelligence Video Interview Act (Act), into law, and will take effect on January 1, 2020. The Act governs an employer’s ability to use artificial intelligence analysis on video interviews in filling a position in Illinois.

The Act sets forth disclosure for the employer and required consent from the job applicant for using artificial intelligence, and further sets a prohibition on sharing the applicant’s videos beyond the scope of that hiring decision. The Illinois legislature requires: 1) the applicant be notified that artificial intelligence may be used to analyze their videotaped interview, 2) the applicant be provided with particular information on the artificial intelligence and the characteristics/metrics used to evaluate applicants, and 3) employer obtain consent from the applicant to use artificial intelligence for an analysis of the video interview, and 4) employer obtain consent of the applicant to videotape the interview at all.

Along with the disclosure and consent requirements, the Act provides applicants an enumerated right and limits the sharing of the videos. Applicants are granted the right to request the destruction of their application video. And employers must comply with an applicant’s request within 30 days of receipt. Further, employers cannot share the applicant video with other individuals except those who have either the expertise or technology necessary to evaluate the applicant’s fitness for the position being filled.

The Act does not include definitions and we are therefore left to wonder what a position based in Illinois is, and which employers are subject to the law. It is the first U.S. law to specifically regulate artificial intelligence as an evaluation tool on applicant videos. The Act does not include a private right of action or another provisioned for enforcement mechanism. We will continue to monitor these developments and pass relevant information to you.

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About this Author

Theodore Claypoole, Intellectual Property Attorney, Womble Carlyle, private sector lawyer, data breach legal counsel, software development law
Senior Partner

As a Partner of the Firm’s Intellectual Property Practice Group, Ted leads the firm’s IP Transaction Team, as well as data breach incident response teams in the public and private sectors. Ted addressed information security risk management, and cross-border data transfer issue, including those involving the European Union and the Data Protection Safe Harbor. He also negotiates and prepares business process outsourcing, distribution, branding, software development, hosted application and electronic commerce agreements for all types of companies.

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Dominic Dhil Panakal Womble Atlanta
Associate

Dominic is a member of the firm’s IP Transactions, FinTech, and Privacy and Cybersecurity practices.

Dominic advises clients on international and domestic data privacy laws.  He also assists in drafting Software as a Service agreements, privacy policies, terms of use, and licensing contracts.

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