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.

Under the new law, companies must explain how the technology works and how the tools evaluate a candidate. Employers must obtain consent from applicants before using A.I. to assess their videos. The legislation also prohibits businesses from sharing submitted videos except with "persons whose expertise or technology" are required to screen applicants. Job applicants can ask to have submitted videos destroyed, and companies, including any individual with copies, must comply within 30 days.

It's time for employers to start preparing for legislation recently signed into law in Illinois, the Artificial Intelligence Video Interview Act. The new law, which takes effect on January 1, 2020, regulates Illinois employers' use of artificial intelligence (AI) in the interview and hiring process. Under the AI Video Interview Act, employers that record video interviews and use AI technology to analyze applicants' suitability for employment must: Employers that conduct such interviews may not distribute videos to other parties, except as necessary to obtain expert assistance in evaluating a candidate's fitness for a particular position. In addition, an employer has only 30 days to destroy all video copies of the interview if an applicant seeks such destruction. This law highlights a myriad of privacy concerns for employers evaluating the costs and benefits of incorporating AI technology into their hiring practices.

A new law in Illinois will regulate the use of artificial intelligence in job interviews. The Artificial Intelligence Video Interview Act, House Bill 2557, requires companies to notify the applicant when the system is being used, explain how the AI works, get permission from the applicant, limit distribution of the video to people involved with the process and to destroy the video after 30 days. Matthew Jedreski, counsel at Davis Wright Tremaine LLP in Seattle, is a litigator and employment attorney who updates clients on local and state employment laws. Jedreski said AI video interviews apply psychometrics, which is the science of measuring attitude and personality traits. "It's reading data and then analyzing it to determine whether it can draw conclusions about the person being interviewed," Jedreski said.

Recruiters beware and be prepared. New laws have recently come into effect policing the use of artificial intelligence (AI) in video interviewing. Here's how they could affect your recruiting efforts. Technology helps recruiters collect, organize and store enormous amounts of information about job applicants all over the world. Workflow automation, the cloud and search functionalities are just some examples of software that make recruiters' lives easier. But, artificial intelligence (AI) has long been a gray zone in HR, dangerously toeing the line between reality and an imperfect, artificial world.