HB2557 101ST GENERAL ASSEMBLY

LRB101 07046 JLS 52082 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2557

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Artificial Intelligence Video Interview Act. Provides that an employer that asks applicants to record video interviews and uses an artificial intelligence analysis of applicant-submitted videos shall: notify each applicant in writing before the interview that artificial intelligence may be used to analyze the applicant's facial expressions and consider the applicant's fitness for the position; provide each applicant with an information sheet before the interview explaining how the artificial intelligence works and what characteristics it uses to evaluate applicants; and obtain written consent from the applicant to be evaluated by the artificial intelligence program. Provides that an employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis. Provides that an employer may not share applicant videos, except with persons whose expertise is necessary in order to evaluate an applicant's fitness for a position.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Artificial Intelligence Video Interview Act.

Section 5. Disclosure of the use artificial intelligence analysis. An employer that asks applicants to record video interviews and uses an artificial intelligence analysis of the applicant-submitted videos shall do all of the following when considering applicants for positions based in Illinois before asking applicants to submit video interviews:

(1) Notify each applicant in writing before the interview that artificial intelligence may be used to analyze the applicant's facial expressions and consider the applicant's fitness for the position.

(2) Provide each applicant with an information sheet before the interview explaining how the artificial intelligence works and what characteristics it uses to evaluate applicants.

(3) Obtain, before the interview, written consent from the applicant to be evaluated by the artificial intelligence program in a manner consistent with the description on the information sheet.

An employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis.

Section 10. Sharing videos limited. An employer may not share applicant videos, except with persons whose expertise is necessary in order to evaluate an applicant's fitness for a position.

Section 15. Destruction of videos. No later than 30 days after completing the hiring process for any position, employers and any other persons who received copies of applicant video interviews as provided in this Act must erase all applicant videos including any electronically generated backup copies.