Illinois Compiled Statutes

820 ILCS 42/5 (2026)

Disclosure of the use of artificial intelligence analysis

✓ current as of May 2026
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(820 ILCS 42/5)
    Sec. 5. Disclosure of the use of 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 before the interview that
    
artificial intelligence may be used to analyze the applicant's video interview and consider the applicant's fitness for the position.
        (2) Provide each applicant with information before
    
the interview explaining how the artificial intelligence works and what general types of characteristics it uses to evaluate applicants.
        (3) Obtain, before the interview, consent from the
    
applicant to be evaluated by the artificial intelligence program as described in the information provided.
    An employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis.
(Source: P.A. 101-260, eff. 1-1-20.)

    
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Doe v. Readey, 2023 IL App (1st) 230867 (Ill. App. Ct. 2023).
Doe v. Readey, 2023 IL App (1st) 230867 (Ill. App. Ct. 2023). “1-23-0867 regulating data obtained by artificial intelligence, the Artificial Intelligence Video Interview Act (820 ILCS 42/5 (West 2022)) and the Illinois Health Statistics Act (410 ILCS 520/1 et seq.”
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