March 28, 2023

Volume XIII, Number 87


March 27, 2023

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Video Blog Series: Are You Interviewing Job Candidates Remotely Right Now? Then You Need to Know about this New Law

In these latest series of blog posts focusing on privacy litigation trends, we discuss four key privacy laws that will impact U.S.-based companies in 2020-2021.  Corporate leaders, business owners, and HR professionals should be aware of these state-specific laws, which protect the privacy rights of consumers or employees, and which will be making significant waves in the privacy litigation arena.  These laws are especially relevant for companies seeking to employ Artificial Intelligence (“AI”).  

This blog post focuses on the Illinois Artificial Intelligence Video Interview Act (“AIVIA”).  Like the CCPA, which we discuss here, the AIVIA went into effect on January 1, 2020.  It is the first-of-its-kind law in the USA.  It regulates the employers’ use of AI during the interviewing and hiring process.  If the company is looking to use AI technology as a part of its hiring process—specifically, through video recordings—corporate leaders and HR departments must be on alert.  Although AIVIA is arguably limited in scope to either Illinois companies or Illinois residents, other states may be looking to implement similar laws in the next few years.  Understanding of this law, proper training, and compliance will be the key for those executives and HR professionals whose companies plan to use video-recording AI technology during job interviews, especially in the current remote environment, which may result in them unknowingly interviewing Illinois residents.

Watch this 2-minute video explaining what AIVIA means for companies in the new digital world and in the COVID-19 remote environment.  We will follow these video blog posts with additional videos, which will specifically focus on each of the key laws that the corporate leaders need to keep in mind right now.  Our next post will discuss the Biometric Information Privacy Act (“BIPA”) and how it impacts companies nationwide.

©1994-2023 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume X, Number 157

About this Author

Natalie Prescott, Mintz Levin Law Firm, Litigation Attorney
Practice Group Associate

Natalie’s practice focuses on a wide range of litigation matters.

Prior to joining the firm, Natalie worked as the co-founder and trial lawyer for a boutique litigation firm that focuses on state and federal litigation. She also spent many years as a litigation associate at one of the world’s largest law firms, where she received extensive consumer litigation, trial, and appellate experience.

Previously, Natalie served as a judicial law clerk for the Honorable Roger T. Benitez of the United States District Court of the...

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