January 1, 2020, organizations that employ individuals based in Illinois will need to keep in mind the Artificial Intelligence Video Interview Act. This Act sets forth new requirements for video-recorded interviews using AI to analyze such recordings. The law is not limited to just Illinois residents. It applies to applicants for positions based in Illinois. While brief, and without any definitions, the Act requires three things before using AI technology in video interviews. First, businesses using AI technology in this way must notify the applicant before the interview that AI may be used.

January 1, 2020, organizations that employ individuals based in Illinois will need to keep in mind the Artificial Intelligence Video Interview Act.

Bloomberg Law interviewed Shook Attorney Erin Bolan Hines about the Artificial Intelligence Video Interview Act (AIVIA) in "Law on Hiring Robots Could Trigger Litigation for Employers," October 11, 2019. AIVIA is a first-in-the-nation statute that requires employers to take additional transparency steps involving use and destruction of videos when using "hiring robots" as a screening tool for applicants in Illinois. Enforcement of AIVIA is not clear and defense attorneys who advocate for employers are monitoring to see if it will lead to class actions alleging abuses of employees' biometric information. Hines told the publication she predicts plaintiffs will develop theories under the Biometric Information Privacy Act (BIPA) to "test the waters." "There is a hurdle because there is no private right of action in the artificial intelligence statute, but there are some creative plaintiff's lawyers out there," stated Hines.