Illinois AI Video Interview Act: What Employers Must Do in 2026
If your company uses AI to analyze job candidate videos in Illinois — evaluating tone, word choice, facial expression, or any derived characteristic — you have disclosure, consent, and data-deletion obligations under AIVIA that most HR teams aren't meeting yet.
What the Illinois AI Video Interview Act Actually Says
The Illinois Artificial Intelligence Video Interview Act (AIVIA) was enacted before most employers had any idea AI interview analysis existed as a product category. The law targets a specific and now widespread practice: having job candidates record asynchronous video interviews and then using AI to evaluate those candidates on characteristics the AI infers from the footage.
AI interview analysis tools — platforms that scan video for spoken keywords, vocal tone, facial microexpressions, and behavioral signals — have become mainstream in recruiting. AIVIA was written specifically to regulate this use case, not AI in hiring broadly. It's narrow in scope but creates real obligations for any company using these tools to source Illinois candidates.
Who AIVIA Covers
AIVIA applies when two conditions are both true:
You request a video interview from a candidate
This includes recorded asynchronous video interviews (one-way video where the candidate records answers to prompts) as well as video calls analyzed post-hoc by AI. If candidates can apply without video, but video is one path, AIVIA still applies to the video path.
You use AI to analyze that video
The trigger is AI analysis of the candidate's video characteristics — anything the AI infers from the footage about the person's traits, personality, competency signals, language patterns, vocal cues, or facial expressions. If a human watches the video and evaluates it without AI, AIVIA doesn't apply to that review.
The geographic trigger is the position's location — not where the employer is based. A New York company hiring for an Illinois-based role falls under AIVIA if it uses AI video analysis in that hiring process.
The Four Core Requirements
Pre-Interview Disclosure
Required Before RecordingBefore the candidate records any video that will be analyzed by AI, the employer must notify them in writing that: AI will be used to analyze the video, what characteristics the AI will evaluate, and how the AI works at a general level. This notification must happen before the interview — not in a consent form the candidate sees only after recording.
Candidate Consent
Required Before RecordingThe employer must obtain the candidate's consent before using AI to analyze the video. Consent must be explicit and informed — the candidate must understand what they're consenting to. Buried-checkbox consent in a terms-of-service flow doesn't satisfy this requirement. If the candidate declines AI analysis, the employer may not use AI on that video.
Limits on Sharing
Ongoing ObligationEmployers may not share the video with any third party except for AI analysis vendors contracted to process it — and only to the extent necessary for that analysis. You cannot share candidate video data with other employers, data brokers, or partners who weren't part of the defined analysis process.
30-Day Deletion on Request
Ongoing ObligationUpon candidate request, the employer must delete the video and all copies — including copies held by any AI analysis vendor — within 30 days. This deletion right exists regardless of whether the candidate was hired. The employer must have a process for honoring deletion requests and must contractually require vendors to comply within the same window.
Employer Compliance Checklist
Run through this checklist for every position where you're using AI video interview analysis and could be hiring Illinois-based candidates.
- ☐[Audit]Identify every recruiting workflow that uses AI video analysis tools
- ☐[Audit]Confirm which positions are Illinois-based (those trigger AIVIA)
- ☐[Disclosure]Draft a candidate disclosure that names the AI tool, explains what characteristics it evaluates, and describes how it works in plain language
- ☐[Disclosure]Update the candidate intake flow to display this disclosure before the video recording step
- ☐[Consent]Add a consent checkbox that candidates must actively check before the video recording option is available
- ☐[Consent]Create a process for candidates who decline AI analysis (human review only, or disqualification — decide and document your policy)
- ☐[Vendor]Review vendor contracts: confirm AI analysis vendors are contractually required to delete video data within 30 days of a deletion request
- ☐[Deletion]Create a deletion request intake form or email address that HR monitors
- ☐[Deletion]Set a 30-day SLA and tracking process for deletion requests
- ☐[Deletion]Confirm the AI vendor will acknowledge and fulfill deletion requests within your 30-day window
What HR Tech Vendors Need to Know
If you're a recruiting platform or AI video interview vendor, AIVIA creates indirect obligations through your employer customers. Employers using your product for Illinois hiring need to satisfy AIVIA — and if your platform doesn't support AIVIA-compliant consent flows or deletion requests, your customers are exposed.
Sophisticated enterprise buyers in Illinois will ask: Does your platform support a pre-recording disclosure screen? Can we show candidates exactly which AI characteristics are evaluated? Can we fulfill a 30-day deletion request for a specific candidate's data across all your systems? If the answers aren't yes, you're a compliance liability.
Platform Feature Checklist for Vendors
- ☐Pre-recording disclosure screen that employers can customize with AI description
- ☐Explicit consent capture logged with timestamp before recording begins
- ☐Per-candidate deletion API or admin workflow that removes all copies in under 30 days
- ☐Audit log of which candidates consented to AI analysis and when
- ☐Clear documentation employers can share with candidates about what the AI evaluates
- ☐Data processing addendum that commits to 30-day deletion compliance
How AIVIA Fits Into the Broader Algorithmic Hiring Landscape
AIVIA is one of several state and local laws now targeting AI in hiring decisions. NYC Local Law 144 requires bias audits for automated employment decision tools. Colorado's AI Act covers high-risk AI that influences consequential employment decisions. The EEOC has issued guidance on how existing federal anti-discrimination law applies when AI screens candidates.
AIVIA is notable for its narrowness — it applies specifically and only to the AI analysis of video interview content. It doesn't cover resume screening AI, skills assessment AI, or AI-generated interview questions. But it's also unusually prescriptive: the consent and deletion requirements are specific and actionable, making it easier to comply with than laws that require vague "bias audits" without defined methodology.
Frequently Asked Questions
We use a live video interview platform with AI scoring. Does AIVIA apply?
Yes, if the AI analyzes the video content of the interview to evaluate characteristics of the candidate — even during a live call. The trigger is AI analysis of video characteristics, not just asynchronous recorded interviews. If your live interview platform scores candidates in real-time based on video signals, AIVIA applies to Illinois-positioned roles.
Our AI interview tool only transcribes video, it doesn't analyze characteristics. Does AIVIA apply?
Probably not to the transcription itself. AIVIA targets AI that evaluates candidates 'on the basis of their characteristics' as observed or derived from video. A tool that just converts speech to text isn't evaluating characteristics — it's producing a transcript. However, if AI then analyzes that transcript for tone, sentiment, or inferred personality signals, you're back in scope.
What's the penalty for violating AIVIA?
AIVIA doesn't specify a private right of action or a fixed penalty schedule, which makes it harder to assess litigation risk versus regulatory risk. However, the Illinois Department of Labor can investigate complaints, and employer exposure comes from labor enforcement and potential claims under other Illinois statutes (the state's Biometric Information Privacy Act, for example, has a very active plaintiff bar that could theoretically overlap if biometric data is involved).
Can we just remove AI analysis for all candidates and avoid AIVIA entirely?
Yes. If you don't use AI to analyze video interview content for Illinois candidates, AIVIA doesn't apply. Some employers take this path — human-only review for Illinois-based positions — to sidestep compliance requirements. The tradeoff is inconsistency in your hiring process if you use AI for candidates in other states.
AIVIA Is a Small Lift — But Only If You Do It Before the Interview
AIVIA's requirements are actually achievable with minimal process change: update your intake flow to show a disclosure screen, capture consent before recording, confirm your vendor's deletion SLA, and build a deletion-request inbox. The compliance cost is low relative to the risk of ignoring it.
The requirement that trips most employers is the timing — disclosure and consent must happen before the candidate records, not after. Any AI video interview workflow that collects video first and asks for consent later is non-compliant, regardless of what the fine print says.