Recording Candidate Video Interviews in Illinois: Consent, Retention, and Deletion Requirements

Recorded video screening can save your recruiters hours every week. If you’re hiring for roles in Illinois, though, there’s one law your team will want to understand before the first recording gets sent out to your recruiting team: the Illinois AI Video Interview Act. It sets clear expectations around telling candidates how their video will be used, getting their consent, limiting who can see the recording, and deleting it when they ask. CloudApper’s Candidate Video Pre-Screening solution builds these steps into the screening workflow, so your team doesn’t have to manage them by hand.

When the Illinois AI Video Interview Act Applies

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The law applies when three conditions are met: candidates record their interviews rather than join a live call, AI is used to analyze those recordings, and the role is based in Illinois. If your hiring process checks all three boxes, the Act gives your team a short list of responsibilities, and most of them come down to how you handle each candidate’s recording from start to finish.

What Your Hiring Team Needs to Do

Give Candidates Notice and Get Consent Before They Record

Before a candidate records anything, let them know AI may be used to review their video. Explain in plain language how it works and what it looks at, then get their consent. If your tool transcribes and summarizes answers, that explanation can be simple: the AI turns the recording into a transcript and a summary of what the candidate said, and your recruiter reviews both. A clear disclosure also puts candidates at ease, which helps keep a one-way video interview process moving.

Limit Who Sees the Video and Delete It When Asked

Only people whose expertise or technology is needed to evaluate the candidate should see the recording. For most teams, that’s your recruiter, the hiring manager, someone from the relevant interview panel, and the screening tool itself. Recordings shouldn’t get forwarded in email threads or saved to shared drives. If a candidate asks you to delete their video, you have 30 days to do so, including backup copies and any copies your vendors hold. That’s much easier when recordings live in a single system that maintains an audit trail of who viewed what.

Keep Your Recruiter in Charge of the Decision

If an employer relies only on AI to decide who gets an in-person interview, the Act requires annual race and ethnicity reporting to the state. That way, hiring decisions made entirely by software get a closer look. When the AI summarizes what candidates said, and your recruiter decides who moves forward, a person stays accountable for every decision. That’s how most teams want automated screening to work anyway. The software handles the repetitive review, and your recruiter handles the judgment.

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How Candidate Video Pre-Screening Supports the Illinois AI Video Interview Act

CloudApper’s Candidate Video Pre-Screening solution covers each of these responsibilities within the screening workflow. Candidates see the disclosure and give consent before they can start recording. Audit logs show who viewed each recording and every decision made on it. When a candidate asks to have their video deleted, your team can act on the request right away, and retention limits keep recordings from lingering longer than necessary. The AI transcribes and summarizes each answer, while your recruiter makes the call on who moves forward. It also works alongside your current ATS, so you can add video pre-screening without a system migration.

Conclusion

Recorded video screening and Illinois compliance can work together without extra manual work. Tell candidates how their video will be used, get their consent before they record, keep the recording in front of the right people only, delete it on request, and leave the hiring decision with your recruiter. The Illinois AI Video Interview Act sits alongside other rules like Illinois HB 3773, and the list of state AI hiring mandates keeps growing. CloudApper’s Candidate Video Pre-Screening solution ensures a consistent process for every candidate. This article is general information, not legal advice.

Contact us to see how your team can meet the Illinois AI Video Interview Act while keeping video screening fast.