Illinois
AI Policy Overview
Illinois lawmakers have taken a leading role in establishing artificial intelligence policies. In 2008, Illinois enacted the first-in-the-nation Biometric Information Privacy Act which established notice requirements for companies collecting biometric information from individuals and prohibited selling biometric information. More recently, in 2023 Illinois enacted two laws addressing sexual deepfakes, and in 2024 lawmakers enacted laws providing protections against a person's image or voice being used without their permission and placing restrictions on AI used in the hiring process.
Additionally, in 2023 Illinois lawmakers enacted legislation (IL HB 3563) establishing the Generative AI and Natural Language Processing Task Force with a scope that includes protecting consumer information with generative AI, the use of AI in classrooms, assessing the use of generative AI to improve public services, protecting civil liberties, the impact of generative AI on the workforce, and challenges with AI and cybersecurity. The Task Force will hold at least five public meetings leading to a report due by the end of 2024.
Employment
Illinois was one of the first states to address AI In hiring in 2019 with the enactment of the Artificial Intelligence Video Interview Act, which established certain requirements when employers use AI to analyze video interviews made during the hiring process.
In 2024, Illinois added a new AI hiring law to its books (IL HB 3773) which prohibits employers from using AI to recruit, hire, or promote individuals if it has the effect of discriminating against people based on a protected class, such as race or gender, or uses zip codes as a proxy for identifying individuals in a protected class. This legislation, which goes into effect on January 1, 2026, also requires employees to provide applicants with notice when AI is used in the hiring process and directs the Illinois Department of Human Rights to adopt any rules necessary to enforce this legislation. Unlike a similar law in New York City establishing rules for using AI in hiring, IL HB 3773 does not require an audit of any AI used in the hiring process to ensure that discriminatory results are not being produced by AI.
Deepfakes
Sexual Deepfakes
In 2023, Illinois enacted two laws addressing sexual deepfakes. The first (IL HB 2123) established a cause of action for individuals who had their image used in a sexual deepfake without their consent. The second (IL HB 382) added the term "digitally altered sexual image" to the Illinois Nonconsensual Dissemination of Private Sexual Images Act. Illinois defines this term as any visual media, including any photograph, film, videotape digital recording, or other similar medium, that is created or substantially altered so that it would falsely appear to a reasonable person to be an authentic depiction of the appearance or conduct, or the absence of the appearance or conduct, of an individual depicted in the media.
In 2024, Illinois enacted a law addressing deepfake child sexual abuse material (IL HB 4623), which amends existing law to clarify that state laws that prohibit child pornography include AI-generated images of children who are engaged in or simulating sexual acts.
Digital Replicas
In 2024, Illinois enacted two laws addressing digital replicas. The Digital Voice and Likeness Protection Act (IL HB 4762) prohibits contracts for personal or professional services using a digital replica of a person's image or voice to perform work that would have otherwise been done in person, unless the contract includes a specific description of the intended uses of the digital replica and the individual being replicated was represented by legal counsel or a labor union.
A second law enacted in 2024 (IL HB 4875) amends the Illinois Right of Publicity Act to prohibit distributing or making available a sound recording or audiovisual work that contains a digital replica of a person’s image or voice without their knowledge, with some limited exceptions under certain circumstances such as news reporting, documentaries, and satire.
Facial Recognition
Illinois enacted the Biometric Information Privacy Act (BIPA) in 2008 (740 ILCS 14). The definition of biometric identifiers in the law includes facial geometry in addition to fingerprints, voiceprints, and retina scans. Under Illinois’ BIPA, companies collecting biometric data from individuals (1) must publish a general notice about the company’s biometric data period; (2) must provide specific notice and obtain consent from anyone whose biometric information is collected; and (3) are prohibited from selling or trading the personal biometric information for profit.
Critically, BIPA provides a private right of action for anyone whose biometric information is violated under the law. And this has led to a flood of class action lawsuits. In 2023, the Illinois Supreme Court clarified that a company is in violation every time a biometric scan takes place, even if the same scan is repeated over time, and that claims can reach back as far as five years from the BIPA claim filing.
Legislative & Regulatory History
2024 - Illinois enacted (IL HB 4762, which prohibits contracts for using a digital replica of a person's image or voice to perform work that would have otherwise been done in person.
2024 - Illinois enacted IL HB 4875), which prohibits distributing a sound recording or audiovisual work that contains a digital replica of a person’s image or voice without their knowledge.
2024 - Illinois enacted IL HB 3773, which prohibits employers from using AI to recruit, hire, or promote individuals if it has the effect of discriminating against people based on a protected class and requires notice when AI is used in the hiring process.
2024 - Illinois enacted IL HB 4623, which clarifies that state laws prohibiting child pornography include AI-generated images of children.
2023 - Illinois enacted IL HB 382, which added the term “digitally altered sexual image” to the Illinois Nonconsensual Dissemination of Private Sexual Images Act.
2023 - Illinois enacted IL HB 2123, which established a cause of action for distributing a sexual deepfake without the consent of the individual depicted.
2023 - Illinois enacted IL HB 3563, which established the Generative AI and Natural Language Processing Task Force to study and report on generative AI software.
2019 - Illinois enacted IL HB 2557, which established certain requirements when employers use AI to analyze video interviews made during the hiring process.
2008 - Illinois enacted IL SB 2400, the Biometric Information Privacy Act, which established notice consent for companies that collect biometric information.