AI Hiring Consent Tracking
Illinois AIVIA (820 ILCS 42/15) requires written consent before every AI video interview — effective January 1, 2026. Employers without documented consent records are the first enforcement targets.
EmployArmor generates state-specific consent forms, delivers them through your ATS, tracks opt-outs, and maintains an audit log that proves compliance when regulators ask.
What AI Hiring Consent Laws Require
Illinois AIVIA, Colorado SB24-205, and NYC LL144 each create consent obligations. Here are the four core requirements every employer using AI video interviews must meet.
When Consent Is Required
Under 820 ILCS 42/15 (AIVIA), written consent must be obtained before every AI video interview — not once per hiring cycle or onboarding. If the AI analyzes a candidate's video, consent must precede it.
What Consent Must Say
Consent must explain what AI is used, what characteristics it evaluates, who sees the results, and how long the video is retained. Vague or generic privacy consent does not satisfy AIVIA requirements.
How to Document It
Employers must maintain records of consent for each applicant, timestamped before the interview. Electronic consent with audit trail satisfies the requirement. Paper forms without timestamps may not.
Opt-Out Handling
Applicants who decline AI analysis must be offered an alternative path — denying their application because they opted out is retaliation. Under Colorado Colo. Rev. Stat. § 6-1-1703 and NYC Admin. Code § 20-870, opt-out workflows must be documented.
Consent tracking built for AI video interview compliance
When the Illinois Department of Labor requests your consent records, you need a timestamped audit log — not a spreadsheet. EmployArmor automates consent collection and maintains the paper trail automatically.
- State-specific consent form generator (IL, CO, MD, CA)
- ATS-integrated consent delivery before every AI interview
- Opt-out tracking with alternative assessment routing
- 30-day deletion workflow with automatic reminders
- Consent audit log with per-applicant timestamps
- First-enforcement-wave ready for Q2/Q3 2026
AI Video Interview Consent by State
Illinois has the strictest consent requirements, but Colorado and NYC have their own consent obligations under different statutes. EmployArmor generates state-specific forms automatically.
| State | Status | Risk |
|---|---|---|
| Illinois | In effect January 1, 2026 | High |
| Colorado | In effect February 2026 | High |
| Maryland | Enacted, active | Medium |
| California | Legislative watch 2026 | Medium |
Updated March 2026. EmployArmor monitors all 50 states for AI employment legislation.
Why Consent Tracking Is Enforcement Priority #1
View AI hiring lawsuits tracker →AIVIA is live as of January 1, 2026. Regulators don't need to prove bias to bring an enforcement action — they only need to show that an employer used AI to analyze video interviews without documented written consent. That's a low burden of proof.
Employers who conduct bias audits under NYC Local Law 144 or disclosure notices under Illinois AIVIA but skip consent tracking face the same liability as those who ignore the law entirely. The EEOC and DOJ Immigrant and Employee Rights Section both treat consent failures as independent violations.
See the full AI hiring laws by state guide or review our AI hiring compliance checklist to understand all obligations before your next hiring cycle.
Statutory references: 820 ILCS 42 (AIVIA), NYC Admin. Code § 20-870, Colo. Rev. Stat. § 6-1-1703.
Frequently Asked Questions
What is the Illinois AIVIA consent requirement?
The Illinois Artificial Intelligence Video Interview Act (820 ILCS 42/15) requires employers to obtain written consent from job applicants before using AI to analyze video interviews. Consent must be given before the interview takes place, and employers must explain how the AI works and what characteristics it evaluates. Violations can result in civil liability.
Do I need consent for AI video interviews in other states besides Illinois?
Yes. While Illinois AIVIA (820 ILCS 42) is the most specific, Colorado's SB24-205 (Colo. Rev. Stat. § 6-1-1703) requires disclosure before using high-risk AI in consequential decisions including hiring, and NYC Admin. Code § 20-870 requires candidates be notified. Maryland and California have similar requirements under pending or enacted legislation. EmployArmor tracks all state-level consent obligations.
What must the AI video interview consent say?
Under 820 ILCS 42/15, consent must inform applicants: (1) that AI will be used to analyze the video interview, (2) what characteristics or traits the AI evaluates, (3) who will have access to the interview and analysis, and (4) how long the video will be stored. The employer must obtain a written or electronic acknowledgment before the interview begins.
What is the 30-day deletion right under AIVIA?
Under Illinois AIVIA, applicants who were not hired have the right to request deletion of their AI video interview within 30 days of making the request. Employers must honor deletion requests from candidates and cannot share the video with third parties except as required to operate the AI system. Failure to delete upon request is a separate violation.
When does Illinois AIVIA enforcement begin?
Illinois AIVIA took effect January 1, 2026. The first enforcement wave is expected Q2/Q3 2026 as the Illinois Department of Labor begins reviewing complaints. Employers without documented consent records are the primary targets — the law requires written consent before every AI video interview, and verbal or implied consent does not satisfy the requirement.
More questions? See our full AI hiring consent tracking FAQ.
Get Consent Tracking In Place Before Enforcement Hits
Q2/Q3 2026 is when the Illinois Department of Labor begins enforcement. Employers without documented consent records are the first targets.