Illinois AI Video Interview Act — notice, consent and deletion.
How Hael produces the notice, consent and bias audit records for AI video interviews the Illinois AI Video Interview Act requires — sealed against the consent lifecycle.
What the AI Video Interview Act requires
Illinois 820 ILCS 42 — the AI Video Interview Act — regulates employer use of AI to analyse video interviews of applicants for positions in Illinois. In force since January 2020, the statute requires four substantive obligations: pre-interview notice that AI may be used; explanation of how the AI works and what general types of characteristics it analyses; written consent from the applicant before AI analysis; and deletion of the video and copies within 30 days of an applicant request.
The statute also includes a demographic data reporting requirement for employers relying solely on AI to determine which candidates progress to in-person interviews. Reporting covers race and ethnicity of applicants who were and were not afforded an in-person interview. The Illinois Department of Labor enforces, and private rights of action are available under related Illinois employment statutes.
How Hael runs it
Hael runs the consent lifecycle as a first-class workflow. Pre-interview notices are generated as portable templates with the AI explanation populated from the agent registry. Consent records are sealed in the audit chain with timestamp, applicant identifier and consent scope. AI analysis cannot proceed until consent is recorded — the platform's policy enforcement engine blocks downstream execution.
Deletion requests trigger a controlled lifecycle action that removes the video and all copies, with deletion confirmation sealed in the audit chain. Demographic data reporting is generated as a regulator-facing report on the statutory cadence, with race and ethnicity counts pulled from the consent and progression records.
Questions
Does the Act apply only to Illinois-located employers?
The Act applies to applications for positions located in Illinois regardless of employer headquarters. Out-of-state employers hiring for Illinois positions are covered.
What level of explanation does the statute require?
The explanation must describe how the AI works at a level meaningful to the applicant and identify the general types of characteristics analysed (e.g. facial expressions, voice tone, language patterns). It need not disclose proprietary algorithm details, but must be substantive enough that the applicant can give informed consent.
What happens if consent is not provided?
The employer may not subject the applicant to AI analysis of the video interview. The employer may still conduct a non-AI-analysed video interview or proceed via alternative process. Refusing to interview a candidate solely because they declined AI analysis may give rise to claims under broader Illinois employment law.
See Hael run your AIVIA obligations.
Consent workflow, deletion lifecycle, demographic reporting — wired against your hiring AI deployment in Illinois.