US-IL — Country Profile

Illinois

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3OFFICIAL SOURCES
3TOPIC AREAS
Law / Act3
Data Privacy & ProtectionFacial RecognitionLabor & Workforce
Law / Act✓ Official

Illinois Artificial Intelligence Video Interview Act

Illinois became the first state to regulate AI use in employment with this law, which requires employers using AI to analyze video interviews to notify applicants about the use of AI, explain how it works, and obtain consent before using AI analysis. Employers must also limit the sharing of video interviews and delete videos upon request within a defined timeframe. The law applies to any employer that uses AI to evaluate applicants' fitness for a position through video interview analysis.

1 August 2019Labor & WorkforceData Privacy & Protection
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Law / Act✓ Official

Illinois Biometric Information Privacy Act (BIPA) — AI Enforcement Context

Illinois's Biometric Information Privacy Act, enacted in 2008 and significantly enforced through litigation from 2019 onwards, requires companies collecting biometric data—including facial recognition data and voiceprints—to obtain informed written consent and establish public data retention policies. The law provides a private right of action with statutory damages of $1,000–$5,000 per violation, making it the most litigated AI-related privacy law in the United States. BIPA has become the primary legal framework through which AI facial recognition and biometric AI applications are regulated in Illinois.

1 January 2020Data Privacy & ProtectionFacial Recognition
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Illinois HB 3773: Artificial Intelligence Use in Employment Decisions

Illinois enacted House Bill 3773, amending the Illinois Human Rights Act to prohibit employers from using AI that has a disparate impact on protected classes in employment decisions without conducting and documenting a bias audit. The law requires employers to notify employees and applicants when AI is used in employment decisions and to provide information about the AI system upon request. It expanded on the earlier Illinois AI Video Interview Act by covering a broader range of AI-driven employment decisions beyond video interview analysis.

18 June 2024Labor & WorkforceData Privacy & Protection
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