Illinois AI Video Interview Act (820 ILCS 42)
Effective date
Penalty
Statute is silent on penalties and enforcement mechanisms. Some commentators suggest enforcement via the IL Consumer Fraud Act, but this is untested.
Obligations mapped
6 obligations
Overview
Requires employers using AI to analyze video interviews to notify candidates, explain how AI is used, and obtain consent before the interview.
This is an AI-specific state law.
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Who this applies to
This regulation applies to the following roles:
- Deployers and users of covered AI systems and tools
- Organizations operating in Illinois
This regulation applies to companies that use or deploy AI tools and systems built by other vendors. If your company uses AI-powered products in the areas listed below, this regulation may apply to you.
820 ILCS 42/5(1) · 820 ILCS 42/5(2) and related sections
AI categories covered
- Employment and hiring
Specific AI use cases:
- Video interview analysis
What this requires you to do
6 obligations identified from statutory analysis.
820 ILCS 42/20
820 ILCS 42/5(3) and 42/5 (final paragraph)
820 ILCS 42/5(2)
820 ILCS 42/5(1)
820 ILCS 42/15
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.
Enforcement and penalties
Statute is silent on penalties and enforcement mechanisms. Some commentators suggest enforcement via the IL Consumer Fraud Act, but this is untested.
Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.
Related regulations
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Illinois Human Rights Act (HB 3773 AI amendment)
Illinois HB 3773 amends the Illinois Human Rights Act to prohibit employers from using AI that has the effect of subjecting employees to discrimination on the basis of protected classes, including using zip codes as proxies. Where applicable, employers may need to notify employees and applicants when AI is used in employment decisions. IDHR draft implementing rules circulated December 2025. No safe harbors or affirmative defenses.
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Illinois Biometric Information Privacy Act (BIPA)
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Effective
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Illinois Right of Publicity Act, Digital Replica Amendment (HB 4875)
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Effective
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Illinois Digital Voice and Likeness Protection Act (HB 4762)
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Illinois Digital Forgeries Act (HB 2123)
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Illinois AI-Generated Child Sexual Abuse Material (HB 4623)
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Effective
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Illinois HB 1806 / WOPRA - AI in Mental Health Therapy
Restricts AI use in mental health therapy contexts under Illinois WOPRA and related professional standards. Targets AI chatbot platforms marketed as mental health tools. Verification of enacted text details (including signed status, final effective date, and penalty structure) remains pending against the enrolled primary source.
Effective
Illinois AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.