# Illinois AI Video Interview Act (820 ILCS 42): Artificial Intelligence Video Interview Act (820 ILCS 42)

Source: https://www.bankingnewsai.com/ai-regulation/documents/il-ai-video-interview-act
Last updated: Oct 5, 2026

The Illinois Artificial Intelligence Video Interview Act (820 ILCS 42), enacted as Public Act 101-0260 on August 9, 2019 and effective January 1, 2020, regulates employers that ask applicants to record video interviews and use artificial intelligence to analyze the videos. Before asking for the video, an employer must notify each applicant that AI may be used to analyze the interview and consider fitness for the position, explain how the AI works and what general types of characteristics it uses, and obtain the applicant's consent; it may not use AI to evaluate an applicant who has not consented. Videos may be shared only with persons whose expertise or technology is necessary to evaluate fitness, must be deleted within 30 days of the applicant's request, and, if the employer relies solely on AI analysis to decide who gets an in-person interview, the employer must report race and ethnicity data to the Department of Commerce and Economic Opportunity each year by December 31. The Act contains no penalty or enforcement section.

## At a glance

| Field | Value |
| --- | --- |
| Authority | [Illinois IDHR](https://www.bankingnewsai.com/ai-regulation/illinois) |
| Type | Statute |
| Status | In force |
| Published | Aug 9, 2019 |
| Effective | Jan 1, 2020 |
| Applies to | Employers that ask applicants to record video interviews and use artificial intelligence analysis of the applicant-submitted videos when considering applicants for positions based in Illinois. Banks with Illinois-based openings that use AI-scored video screening are covered; the Act says nothing about lending or customer-facing AI |
| Official text | https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4015&ChapterID=68 |

## Key points

- Section 5 (disclosure): an employer that asks applicants to record video interviews and uses AI analysis of them must, when considering applicants for positions based in Illinois and before asking applicants to submit video interviews, do three things: (1) notify each applicant before the interview that AI may be used to analyze the video and consider fitness for the position; (2) provide information before the interview explaining how the AI works and what general types of characteristics it uses to evaluate applicants; (3) obtain, before the interview, the applicant's consent to be evaluated by the AI.
- Section 5(3): an employer may not use AI to evaluate applicants who have not consented to the use of AI analysis.
- Section 10: an employer may not share applicant videos, except with persons whose expertise or technology is necessary to evaluate an applicant's fitness for a position.
- Section 15: on the applicant's request, within 30 days after receipt, the employer must delete the applicant's interviews and instruct any other persons who received copies to delete them, including all electronically generated backup copies; those other persons must comply.
- Section 20(a): an employer that relies solely upon an AI analysis of a video interview to determine whether an applicant will be selected for an in-person interview must collect and report the race and ethnicity of applicants who are and are not afforded an in-person interview after AI analysis, and of applicants who are hired (added by Public Act 102-47, effective January 1, 2022).
- Section 20(b)–(c): the data must be reported to the Department of Commerce and Economic Opportunity annually by December 31, covering the 12-month period ending on the preceding November 30, and the Department must report to the Governor and General Assembly by July 1 each year whether the data discloses racial bias in the use of AI.
- The Act consists of Sections 1, 5, 10, 15 and 20 and contains no penalty, remedy or enforcement section; it has no definitions section.
- The Act is the older of Illinois's two AI-in-hiring rules and is complemented by the Human Rights Act amendments of Public Act 103-0804 (HB 3773), effective January 1, 2026.

## What changed for banks

From 2020 Illinois has required consent and explanation before AI evaluates a job applicant's video interview. The 2022 amendment added a reporting duty for employers that let AI alone decide who advances. The Act is short and has no stated penalty, so its main force is as a compliance baseline: banks with Illinois hiring and AI video-screening vendors need consent, explanation and deletion workflows, and HB 3773 now adds an effects-based discrimination rule and a notice duty on top.

## Use cases it governs

- [AI governance (general)](https://www.bankingnewsai.com/ai-regulation/by-use-case#governance-general)
- [Third-party & vendor AI](https://www.bankingnewsai.com/ai-regulation/by-use-case#third-party-vendors)
- [Data & privacy](https://www.bankingnewsai.com/ai-regulation/by-use-case#data-privacy)

## What does the Illinois Artificial Intelligence Video Interview Act (820 ILCS 42) require of banks?

The Illinois Artificial Intelligence Video Interview Act (820 ILCS 42), effective January 1, 2020, applies to any employer, including a bank, that asks applicants for Illinois-based positions to record video interviews and uses AI analysis of the videos. Before asking for the video, the employer must tell the applicant that AI may be used to analyze the interview, explain how the AI works and what general characteristics it uses, and obtain the applicant's consent; without consent it may not use AI to evaluate the applicant (Section 5). It may share the videos only with people whose expertise or technology is needed to evaluate fitness (Section 10), must delete them within 30 days of a request (Section 15), and, if it relies solely on AI analysis to decide who gets an in-person interview, must report race and ethnicity data annually by December 31 to the Department of Commerce and Economic Opportunity (Section 20). The Act contains no penalty provision.

| Rule | Authority | What it requires | Status | Source |
| --- | --- | --- | --- | --- |
| Section 5(1) — Notice before the interview | [Illinois IDHR](https://www.bankingnewsai.com/ai-regulation/illinois) | Notify each applicant before the interview that AI may be used to analyze the video interview and consider fitness for the position. | In force since January 1, 2020 | [Illinois AI Video Interview Act (820 ILCS 42)](https://www.bankingnewsai.com/ai-regulation/documents/il-ai-video-interview-act) |
| Section 5(2) — Explanation of the AI | [Illinois IDHR](https://www.bankingnewsai.com/ai-regulation/illinois) | Provide each applicant, before the interview, with information explaining how the AI works and what general types of characteristics it uses to evaluate applicants. | In force since January 1, 2020 | [Illinois AI Video Interview Act (820 ILCS 42)](https://www.bankingnewsai.com/ai-regulation/documents/il-ai-video-interview-act) |
| Section 5(3) — Consent | [Illinois IDHR](https://www.bankingnewsai.com/ai-regulation/illinois) | Obtain the applicant's consent, before the interview, to be evaluated by the AI program as described; do not use AI to evaluate applicants who have not consented. | In force since January 1, 2020 | [Illinois AI Video Interview Act (820 ILCS 42)](https://www.bankingnewsai.com/ai-regulation/documents/il-ai-video-interview-act) |
| Section 10 — Sharing limited | [Illinois IDHR](https://www.bankingnewsai.com/ai-regulation/illinois) | Do not share applicant videos except with persons whose expertise or technology is necessary to evaluate fitness for the position. | In force since January 1, 2020 | [Illinois AI Video Interview Act (820 ILCS 42)](https://www.bankingnewsai.com/ai-regulation/documents/il-ai-video-interview-act) |
| Section 15 — Destruction on request | [Illinois IDHR](https://www.bankingnewsai.com/ai-regulation/illinois) | Within 30 days after receiving the applicant's request, delete the interviews and instruct anyone who received copies, including backups, to delete them. | In force since January 1, 2020 | [Illinois AI Video Interview Act (820 ILCS 42)](https://www.bankingnewsai.com/ai-regulation/documents/il-ai-video-interview-act) |
| Section 20 — Demographic reporting | [Illinois IDHR](https://www.bankingnewsai.com/ai-regulation/illinois) | Where AI analysis alone decides who is offered an in-person interview, collect and report applicants' race and ethnicity (interviewed or not, and hired) to the Department of Commerce and Economic Opportunity by December 31 each year. | In force since January 1, 2022 | [Illinois AI Video Interview Act (820 ILCS 42)](https://www.bankingnewsai.com/ai-regulation/documents/il-ai-video-interview-act) |
| 775 ILCS 5/2-102(L) — Human Rights Act AI provisions | [Illinois IDHR](https://www.bankingnewsai.com/ai-regulation/illinois) | Separate effects-based discrimination, zip-code proxy and employee-notice rules for AI used in employment decisions. | From January 1, 2026 | [Illinois HB 3773 (P.A. 103-0804)](https://www.bankingnewsai.com/ai-regulation/documents/il-hb-3773) |

The Act is a transparency-and-consent statute, not a bias-audit statute. It does not ask the employer to prove the AI is fair; it asks that applicants know AI will analyze their video, know in general terms what it looks at, and agree. The explanation obligation is deliberately general ('what general types of characteristics it uses'), so a vendor's plain-language description of the model's input features usually supports compliance. The consent requirement is a hard gate: if an applicant declines, the employer may not run the AI on that video and needs an alternative path.

Two operational duties are easy to miss. Deletion within 30 days must reach vendors and backups, which matters when a recruiting platform or AI scoring vendor holds copies; the employer must instruct those recipients, and they must comply. And the Section 20 reporting duty is triggered only by sole reliance on AI to decide who gets an in-person interview, so a bank that uses AI as one input with human review may not trigger it, but should document that the human step is real. The annual report goes to the Department of Commerce and Economic Opportunity, which analyzes the data for racial bias.

The Act lacks a stated penalty, which leaves enforcement uncertain, but it should be read together with the Human Rights Act amendments in HB 3773 effective January 1, 2026: an AI video-interview tool that skews results by protected class now carries an effects-based discrimination risk, and the failure to notify an employee of AI use is a separate civil rights violation. Biometric rules may also apply to facial or voice analysis, and the Illinois Biometric Information Privacy Act is a separate statute outside this document's scope.

### What this means in practice

- Identify every recruiting step that records an applicant video and runs AI analysis, including vendor platforms for early-career or high-volume hiring in Illinois.
- Put the three Section 5 elements — notice, plain-language explanation, consent — in the application flow before the video is requested, and keep a time-stamped consent record per applicant.
- Offer a non-AI path for applicants who decline; the Act forbids evaluating non-consenting applicants with AI.
- Add deletion workflows with vendor flow-down: 30 days from request, including backups, and written instructions to each recipient of copies.
- Decide whether any process lets AI alone decide who is interviewed in person; if so, collect race and ethnicity data and file by December 31 with the Department of Commerce and Economic Opportunity.
- Review the same tools against the HB 3773 discrimination and notice rules that took effect January 1, 2026.

## FAQ

### Does the Illinois Artificial Intelligence Video Interview Act apply to banks?

Yes, to a bank that asks applicants for Illinois-based positions to record video interviews and uses AI analysis of those videos. It does not apply to AI in lending or customer service, and it does not apply where no AI analysis of applicant videos is used.

### What must an employer do before using AI to analyze a video interview in Illinois?

Under Section 5, before asking applicants to submit video interviews the employer must notify each applicant that AI may be used to analyze the interview, explain how the AI works and what general characteristics it evaluates, and obtain the applicant's consent. It may not use AI to evaluate an applicant who has not consented.

### When did the Illinois AI Video Interview Act take effect?

It became law on August 9, 2019 as Public Act 101-0260 (HB 2557) and took effect January 1, 2020. The Section 20 demographic-reporting duty was added by Public Act 102-47, effective January 1, 2022.

### What are the penalties under the Illinois AI Video Interview Act?

The Act has no penalty or enforcement section; it contains only Sections 1, 5, 10, 15 and 20. Employers should not treat the absence of a penalty as an exemption, because discrimination in AI screening can be pursued under the Illinois Human Rights Act, including the AI provisions effective January 1, 2026.

## Related documents

- [Illinois HB 3773 (P.A. 103-0804)](https://www.bankingnewsai.com/ai-regulation/documents/il-hb-3773) — Illinois Human Rights Act amendments on artificial intelligence in employment (H.B. 3773, Public Act 103-0804) (Aug 9, 2024)
- [SB 947](https://www.bankingnewsai.com/ai-regulation/documents/ca-sb-947-2026) — Employment: Automated Decision Systems (No Robo Bosses Act) (Sep 30, 2026)
- [Bailey: Frontier AI and the Question of Governance (Sep 2026)](https://www.bankingnewsai.com/ai-regulation/documents/boe-bailey-frontier-ai-governance-2026) — Frontier AI and the Question of Governance — Governor Andrew Bailey (Sep 30, 2026)
- [AB 1609](https://www.bankingnewsai.com/ai-regulation/documents/ca-ab-1609-2026) — Customer Service Chatbots (Right to Human Customer Service Act) (Sep 28, 2026)
- [Atkins remarks at Investor Advisory Committee (Sep 2026)](https://www.bankingnewsai.com/ai-regulation/documents/sec-atkins-iac-ai-disclosure-remarks-2026-09) — Remarks at the SEC Investor Advisory Committee Meeting on AI Technologies and the Public Markets Information Ecosystem (Sep 10, 2026)
- [FCA multi-firm review: Frontier AI and cyber resilience (Sep 2026)](https://www.bankingnewsai.com/ai-regulation/documents/fca-frontier-ai-cyber-resilience-2026) — Frontier AI and Cyber Resilience (Sep 2, 2026)
- [FSB Chair's letter to G20 (Aug 2026)](https://www.bankingnewsai.com/ai-regulation/documents/fsb-chair-letter-g20-august-2026) — FSB Chair's letter to G20 Finance Ministers and Central Bank Governors: August 2026 — risks arising from frontier artificial intelligence models (Aug 31, 2026)
- [Colorado AG proposed ADMT rules](https://www.bankingnewsai.com/ai-regulation/documents/co-ag-admt-proposed-rules-2026) — Proposed Automated Decision-Making Technology and Conversational AI Service Rules (Notice of Rulemaking Hearing) (Aug 11, 2026)

Last reviewed Oct 5, 2026. Cite the official text (https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4015&ChapterID=68) for the rule and this page for the summary and dates.

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