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Video Blog Series: Are You Interviewing Job Candidates Remotely Right Now? Then You Need to Know about this New Law

In these latest series of blog posts focusing on privacy litigation trends, we discuss four key privacy laws that will impact U.S.-based companies in 2020-2021.  Corporate leaders, business owners, and HR professionals should be aware of these state-specific laws, which protect the privacy rights of consumers or employees, and which will be making significant waves in the privacy litigation arena.  These laws are especially relevant for companies seeking to employ Artificial Intelligence (“AI”).  

This blog post focuses on the Illinois Artificial Intelligence Video Interview Act (“AIVIA”).  Like the CCPA, which we discuss here, the AIVIA went into effect on January 1, 2020.  It is the first-of-its-kind law in the USA.  It regulates the employers’ use of AI during the interviewing and hiring process.  If the company is looking to use AI technology as a part of its hiring process—specifically, through video recordings—corporate leaders and HR departments must be on alert.  Although AIVIA is arguably limited in scope to either Illinois companies or Illinois residents, other states may be looking to implement similar laws in the next few years.  Understanding of this law, proper training, and compliance will be the key for those executives and HR professionals whose companies plan to use video-recording AI technology during job interviews, especially in the current remote environment, which may result in them unknowingly interviewing Illinois residents.

Watch this 2-minute video explaining what AIVIA means for companies in the new digital world and in the COVID-19 remote environment.  We will follow these video blog posts with additional videos, which will specifically focus on each of the key laws that the corporate leaders need to keep in mind right now.  Our next post will discuss the Biometric Information Privacy Act (“BIPA”) and how it impacts companies nationwide.  Meanwhile, if you have any questions about the AIVIA or about how the latest privacy litigation trends may impact your company, please contact our team at Mintz.

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Author

Natalie A. Prescott is a Mintz attorney and Certified Information Privacy Professional (CIPP/US). She defends clients in high-stakes business litigation matters, privacy class actions, UCL § 17200 cases, mass torts, and consumer class actions. She also assists clients with issues relating to the CCPA, data breaches, biometrics, and privacy policies.