A New Video Interview Law: What Recruiters Need to Know

Recruiters beware and be prepared. New laws have recently come into effect policing the use of artificial intelligence (AI) in video interviewing. Here’s how they could affect your recruiting efforts.

New AI Law

Technology helps recruiters collect, organize and store enormous amounts of information about job applicants all over the world. Workflow automation, the cloud and search functionalities are just some examples of software that make recruiters’ lives easier. But, artificial intelligence (AI) has long been a gray zone in HR, dangerously toeing the line between reality and an imperfect, artificial world.

Artificial intelligence electronically analyzes many factors of a video interview, including an applicant’s body language, facial expressions, word choice and tone of voice, as well as the speed of each response. But, AI is not without its faults.

Never remove the human from human resources.

No technology or artificial intelligence will ever replace people power. Are you a recruiter experimenting with AI to analyze candidates? Careful. New laws shine a spotlight on privacy and data collection concerns that accompany certain modernized hiring practices like AI.

The Trouble with AI in Video Recruiting

Video interviews are popular because it saves recruiters time and money while helping them find top talent. Some digital hiring platforms have chosen to add artificial intelligence to their video recruiting software.

Here’s the trouble with that: incorporating AI into video puts recruiters at risk of relying too heavily on something artificial and unreliable. Tests have proven that factors such as lighting and even the color of an applicant’s lipstick can change the results of an AI-analyzed video interview. AI can be prone to inaccuracies and even bias from the people who programmed it. These are just some of the reasons that new legal actions have been taken to protect the rights of job applicants.

The Artificial Intelligence Video Interview Act

The Artificial Intelligence Video Interview Act ensures applicants’ personal data is being used responsibly and with every candidate’s consent. The act applies to anyone being hired for positions in the state of Illinois, USA.

The Artificial Intelligence Video Interview Act requires companies using AI-enabled video interviewing technology to implement the following measures in the hiring process:

  • Inform candidates they plan to use AI to analyze their interviews

  • Obtain consent from candidates before using AI to analyze the videos

  • Explain to applicants how the AI works and what information is analyses

  • Share the video interviews only with those involved in the hiring process

  • Destroy the video interviews (and all copies) within 30 days of a candidate’s request

The Artificial Intelligence Video Interview Act is a logical extension of other digital hiring laws around the world, most notably the General Data Protection Regulation (GDPR). The GDPR is a privacy legislation that protects the data of EU citizens.

Ambiguity in the Artificial Intelligence Video Interview Act

The Artificial Intelligence Video Act has several ambiguities. For example, the act does not define what AI means, nor does it provide clarity about what specific details an employer must disclose when explaining how the AI works. Moreover, there may be a conflict between this act and legal requirements to keep data copies for a defined period of time in case of litigation.

How to Comply with New Regulations

Regulations constantly change, so it’s important for everyone involved in the hiring process to educate themselves on the laws surrounding technology and HR. Here are some other tips to remain compliant when using technology in HR:

  • Choose a software partner that protects applicant data the same way you do

  • Be transparent about your procedures and privacy policy; explain how your company collects, processes, stores and protects personal data

  • Ask applicants if they consent to providing information (especially for AI-analyzed data)

  • Educate applicants on how to access, correct and/or delete the information or video interview they provided

  • Consult your legal team to ensure you and your company are protected

Legislation around artificial intelligence use in the hiring process is predicted to be introduced to other states in the USA and other countries around the world, too.

Recruiters, tread lightly. Don’t get too trigger-happy when introducing technology into your hiring process, especially artificial intelligence. VidCruiter does not rely on AI to power its award-winning, digital recruitment platform.

Headshot of Jessica Newman

Jessica Newman
Jessica Newman is a skilled wordsmith, an innovative marketer and a passionate entrepreneur. She’s the Chief Content Creator at The Word Wiz and staff writer at VidCruiter.

top