Illinois continues to lead the way in privacy and security legislation. The Prairie State is home to the Biometric Information Privacy Act, first of its kind legislation regulating the collection and possession of biometric information, and also the Personal Information Protection Act, considered one of the more expansive data breach notification laws in the nation. And now, in what has been described as "the momentous legislative session in decades", the Illinois state legislature unanimously passed the Artificial Intelligence Video Interview Act ("the AIVI Act"), HB2557, which imposes consent, transparency and data destruction requirements on employers that implement AI technology during the job interview process. The AIVI Act, the first state law to regulate AI use in video interviews, will take effect January 1, 2020. Notification – The employer must notify the job applicant that AI will be used during the video interview for the purpose of analyzing the applicant's facial expressions and consider the applicant's fitness for the position.
On January 1, 2020, Illinois' new Artificial Intelligence Video Interview Act (AIVIA) went into effect, meaning Illinois employers must now comply with the law if they use artificial intelligence (AI) to analyze video interviews by job candidates. As we outlined in a prior post, the AIVIA imposes duties of transparency, consent and data destruction on organizations using AI to evaluate interviewees for jobs that are "based" in Illinois. While these concepts may be clear in the abstract, the Illinois law is a lesson in brevity and leaves several key terms undefined (including, for example, the term "artificial intelligence"). Nor is it clear what it means for a position to be "based" in Illinois. As a result, employers using AI-enabled analytics in interview videos must sort through these questions and take other affirmative steps to ensure compliance with the new law.
Then Alexa takes over basic household functions. And now a robot may be conducting your job interview. That's right--portions of corporate America are now using artificial intelligence ("AI") to conduct interviews of job applicants. How does this work, what are the risks and has there been a legislative response? And how would the Luddites respond to this?
It's been a busy year for the Illinois General Assembly, which is well on its way to creating the most regulated state in the country when it comes to employment law. We have already seen the Illinois Workplace Transparency Act passed, which will change the way arbitration and confidentiality agreements work, and seen the Illinois Equal Pay Act modified. Now, Illinois has enacted the Artificial Intelligence Video Interview Act (AIVIA), which goes into effect on January 1, 2020. The AIVIA regulates how employers use artificial intelligence to analyze video recordings of job applicants' interviews during the hiring process. Further, employers may not share applicants' video interviews, except with those who necessarily must view the videos to evaluate the applicants' fitness for hire.
With so many questions surrounding artificial intelligence's effect on the workplace and workforce, one wonders whether future Labor Day celebrations will take on new meaning. Employers in Illinois may face these questions sooner than others following passage of a new Illinois law that regulates the use of artificial intelligence ("AI") to analyze and evaluate job applicants' video interviews. The Artificial Intelligence Video Interview Act imposes duties of transparency, consent and data destruction on organizations using AI to evaluate interviewees for jobs that are "based in" Illinois. The measure, passed unanimously in the Illinois legislature and approved by the Governor in early August, becomes effective January 1, 2020. Applying AI-based analytics to job interviews is an increasingly common practice.