Binding law — in force
AI analysis of a video interview requires notice, explanation, and consent (Illinois)
Under Illinois' AI Video Interview Act (820 ILCS 42/5), an employer that uses AI to analyze applicant-submitted video interviews for Illinois-based positions must, before the interview: (1) notify the applicant that AI may analyze the video and assess fitness, (2) provide information explaining how the AI works and what general characteristics it evaluates, and (3) obtain the applicant's consent — and may not evaluate applicants who have not consented. Detect an AI video-interview-analysis path with no pre-interview notice, explanation, or consent-capture (or that scores non-consenting applicants).
Who it applies to
- Duty falls on: employer
- Systems covered: automated decision
- Sectors: employment
- Employers using AI analysis of applicant-submitted video interviews for positions based in Illinois. Effective 2020-01-01. (Video sharing limited (Sec.10); 30-day deletion on request (Sec.15).)
The guard to add
Record the applicant's notice, explanation, and consent (or signed waiver) before any AI or facial analysis runs on an interview video, and skip analysis for non-consenting applicants.
A consent gate between the stored interview video and every analysis call (transcription plus LLM scoring, DeepFace.analyze, face_recognition.face_encodings, a vendor face or emotion API). Before the interview the applicant is told that AI will analyze the recording, how it works, and what general characteristics it evaluates; their consent or signed waiver is stored with a timestamp and the version of the explanation shown. The analysis worker reads that record and refuses to run without it; applicants who do not consent are routed to a non-AI, human-reviewed path instead of being scored.
Where it goes: 1 application source code, 2 data models, 9 AI output handling, 14 user-facing text.
What this provision adds:
- Before the interview, the notice says AI may be used to analyze the video and assess the applicant's fitness, and the explanation covers how the AI works and the general characteristics it evaluates.
- Limit sharing of applicant videos and support deleting them within 30 days of an applicant's request.
Example (FastAPI + OpenAI SDK (Whisper)), before:
@app.post('/interviews/{app_id}/video')
async def upload(app_id: str, file: UploadFile):
path = store_video(app_id, file)
transcript = client.audio.transcriptions.create(model='whisper-1', file=open(path, 'rb'))
return score_interview(app_id, transcript.text)After:
@app.post('/interviews/{app_id}/video')
async def upload(app_id: str, file: UploadFile):
applicant = db.applicants.get(app_id)
path = store_video(app_id, file)
if not applicant.ai_video_consent or applicant.consent_recorded_at is None:
human_review_queue.add(app_id, path) # no AI evaluation without consent
return {'status': 'received'}
transcript = client.audio.transcriptions.create(model='whisper-1', file=open(path, 'rb'))
return score_interview(app_id, transcript.text)Control: AI analysis of a video interview without notice, explanation, and consent. The same guard addresses 2 items with binding law in 2 jurisdictions. Engineering guidance, not legal advice.
Rule id il-ai-video-interview.video-interview-ai-consent · review status: primary source derived