Nicole Mormilo, Matthew Jedreski, K.C. Halm, and Jeffrey S. Bosley of Davis Wright Tremaine write:
On January 1, 2020, Illinois’ new Artificial Intelligence Video Interview Act (AIVIA) went into effect, meaning Illinois employers must now comply with the law if they use artificial intelligence (AI) to analyze video interviews by job candidates. As we outlined in a prior post, the AIVIA imposes duties of transparency, consent and data destruction on organizations using AI to evaluate interviewees for jobs that are “based” in Illinois.
While these concepts may be clear in the abstract, the Illinois law is a lesson in brevity and leaves several key terms undefined (including, for example, the term “artificial intelligence”). Nor is it clear what it means for a position to be “based” in Illinois. As a result, employers using AI-enabled analytics in interview videos must sort through these questions and take other affirmative steps to ensure compliance with the new law.
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