HB 2557 (P.A. 101-0260), Artificial Intelligence Video Interview Act (820 ILCS 42), amended by P.A. 102-0047

Summary

Illinois's Artificial Intelligence Video Interview Act (820 ILCS 42, Public Act 101-0260, HB 2557) applies to employers that ask applicants for positions based in Illinois to record video interviews and use artificial intelligence to analyze those videos. Before asking for the video, the employer must tell each applicant that AI may be used to analyze the interview and assess fitness for the position, explain how the AI works and what general types of characteristics it evaluates, and obtain the applicant's consent; an employer may not use AI to evaluate applicants who have not consented. Applicant videos may be shared only with persons whose expertise or technology is needed to evaluate the applicant. On an applicant's request, the employer must delete the applicant's interviews within 30 days and instruct anyone who received copies, including backups, to delete them, and those recipients must comply. The Governor approved the Act on August 9, 2019, and it took effect on January 1, 2020. Public Act 102-0047 (HB 53, approved July 9, 2021, effective January 1, 2022) added Section 20: an employer that relies solely on AI analysis of video interviews to decide who gets an in-person interview must collect the race and ethnicity of applicants who are and are not offered an in-person interview and of those hired, and report them to the Department of Commerce and Economic Opportunity by December 31 each year, covering the 12 months ending November 30. The Department must report to the Governor and General Assembly by July 1 each year on whether the data shows racial bias. The Act's text states no penalty or enforcement mechanism.

Key dates

1. August 9, 2019Enacted
2. January 1, 2020Takes effect
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 21, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. (820 ILCS 42/) Artificial Intelligence Video Interview Act.

   Supports: Act name and citation (820 ILCS 42)

   An employer that asks applicants to record video interviews and uses an artificial intelligence analysis of the applicant-submitted videos shall do all of the following when considering applicants for positions based in Illinois before asking applicants to submit video interviews:

   Supports: Who is covered: employers using AI analysis of recorded video interviews for positions based in Illinois

   (1) Notify each applicant before the interview that artificial intelligence may be used to analyze the applicant's video interview and consider the applicant's fitness for the position.

   Supports: Notice duty

   (2) Provide each applicant with information before the interview explaining how the artificial intelligence works and what general types of characteristics it uses to evaluate applicants.

   Supports: Explanation duty

   (3) Obtain, before the interview, consent from the applicant to be evaluated by the artificial intelligence program as described in the information provided.

   Supports: Consent duty

   An employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis.

   Supports: No AI evaluation without consent

   Sec. 10. Sharing videos limited. An employer may not share applicant videos, except with persons whose expertise or technology is necessary in order to evaluate an applicant's fitness for a position.

   Supports: Sharing limit

   Upon request from the applicant, employers, within 30 days after receipt of the request, must delete an applicant's interviews and instruct any other persons who received copies of the applicant video interviews to also delete the videos, including all electronically generated backup copies.

   Supports: Deletion within 30 days of a request, including copies held by others

   An employer that relies solely upon an artificial intelligence analysis of a video interview to determine whether an applicant will be selected for an in-person interview must collect and report the following demographic data:

   Supports: Section 20: who must collect and report demographic data

   the race and ethnicity of applicants who are and are not afforded the opportunity for an in-person interview after the use of artificial intelligence analysis; and (2) the race and ethnicity of applicants who are hired.

   Supports: Section 20: data to be collected

   The demographic data collected under subsection (a) must be reported to the Department of Commerce and Economic Opportunity annually by December 31.

   Supports: Section 20: annual report to DCEO by December 31

   The report shall include the data collected in the 12-month period ending on November 30 preceding the filing of the report.

   Supports: Section 20: reporting period

   (Source: P.A. 102-47, eff. 1-1-22 .)

   Supports: Section 20 added by P.A. 102-47, effective January 1, 2022

   820 ILCS 42/ Artificial Intelligence Video Interview Act (Illinois Compiled Statutes) Illinois General Assembly Primary source

2. Section 1. Short title. This Act may be cited as the Artificial Intelligence Video Interview Act.

   Supports: Short title in the public act

   Effective Date: 1/1/2020

   Supports: Effective date January 1, 2020

   Public Act 101-0260 Illinois General Assembly Primary source

3. Section 5. The Artificial Intelligence Video Interview Act is amended by adding Section 20 as follows:

   Supports: Amendment adding Section 20

   Effective Date: 1/1/2022

   Supports: Amendment effective January 1, 2022

   The Department must analyze the data reported and report to the Governor and General Assembly by July 1 of each year whether the data discloses a racial bias in the use of artificial intelligence.

   Supports: DCEO's annual report on racial bias

   Public Act 102-0047 Illinois General Assembly Primary source

4. 8/9/2019 House Governor Approved 8/9/2019 House Effective Date January 1, 2020 8/9/2019 House Public Act . . . . . . . . . 101-0260

   Supports: Governor approved August 9, 2019; effective January 1, 2020; P.A. 101-0260

   Bill Status of HB 2557, 101st General Assembly Illinois General Assembly Primary source

5. 7/9/2021 House Governor Approved 7/9/2021 House Effective Date January 1, 2022 7/9/2021 House Public Act . . . . . . . . . 102-0047

   Supports: Governor approved July 9, 2021; effective January 1, 2022; P.A. 102-0047

   Bill Status of HB 53, 102nd General Assembly Illinois General Assembly Primary source