What Are AI Consent Requirements?

Definition

Consent requirements mean you must obtain clear permission before certain AI processing, often video interviews or biometric analysis. Silence or pre-checked boxes rarely qualify where these rules apply.

See also our AI compliance glossary for short definitions of common terms.

Which regulations require this

• Illinois Biometric Information Privacy Act (BIPA)

  Requires informed written consent before collecting biometric data including facial geometry, fingerprints, and voice...

  ILAI-specificHighIn effect
• Illinois AI Video Interview Act (820 ILCS 42)

  Requires employers using AI to analyze video interviews to notify candidates, explain how AI is used, and obtain cons...

  ILAI-specificMediumIn effect
• Washington My Health My Data Act

  Broad health data privacy law covering health data collected outside HIPAA, including data from health-related AI too...

  WAPrivacy ADMMediumIn effect
• Tennessee ELVIS Act (Ensuring Likeness, Voice, and Image Security)

  Expands Tennessee's right of publicity to cover unauthorized synthetic replicas of a person's voice, image, or likene...

  TNAI-specificMediumIn effect
• Texas TRAIGA Biometric and AI Training Amendments (HB 149, 89th Legislature)

  Amends the Texas Capture or Use of Biometric Identifier Act and related Business and Commerce Code provisions for bio...

  TXAI-specificMediumIn effect
• Maryland HB 1202 - Facial Recognition in Hiring

  Prohibits employers from using facial recognition technology during job interviews without written consent from the a...

  MDAI-specificMediumIn effect
• New Jersey AI in Hiring Notification Act

  Requires employers to notify job candidates when AI or automated tools are used to screen or evaluate their application.

  NJAI-specificMediumIn effect
• California Digital Replicas of Deceased Performers Act (AB 1836)

  Restricts commercial uses of realistic AI-generated replicas of deceased performers' voices or likenesses in audiovis...

  CAAI-specificMediumIn effect
• California AI Digital Replica Contract Protections (AB 2602)

  Makes certain contract terms unenforceable when they allow AI digital replicas of a performer unless the agreement is...

  CAAI-specificLowIn effect

Which states reference this obligation

What you should do next

• Map each AI touchpoint that needs opt-in versus implied consent.
• Localize consent text for the states where candidates or users live.
• Store proof with timestamps, channel, and version of the language shown.
• Give a no-friction path for someone who declines without retaliation.
• Reconfirm consent when you materially widen how the model uses data.