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State/Terr | AI Scope | Relevant Law | Law Link | Effective Date | Key Requirements | Enforcements & Penalties |
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Illinois | AI Likeness | Amendment to Right of Publicity Act | HB 4875 | August 9, 2024 | • Makes it unlawful for a person to knowingly distribute, transmit, or make available to the general public a sound recording or audiovisual work with actual knowledge that the work contains an unauthorized digital replica (i.e., a newly created, electronic representation of the voice, image, or likeness of an actual individual created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear, and which a reasonable person would believe is that particular individual’s voice, image, or likeness being imitated). | Actual damages, profits made from the unauthorized use, and statutory damages of $1,000. |
Illinois | AI Likeness | Digital Voice and Likeness Protection Act | HB 4762 | August 9, 2024 | • Makes any provision in an agreement for the performance of personal or professional services unenforceable where: - The provision allows for the creation and use of a digital replica of the individual’s voice or likeness in place of work the individual would otherwise have performed in person; - The provision does not include a reasonably specific description of the intended uses of the digital replica; and - The individual was not represented (i) by legal counsel or (ii) by a labor union. | Unenforceability of a violating contractual provision. |
Illinois | AI in Employment | Amendment to the Illinois Human Rights Act | HB 3773 | January 1, 2026 | • Amends the Illinois Human Rights Act to make it a civil rights violation for an employer to use AI with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment: - Without notifying employees when using AI for these purposes; or - In a manner that has the effect of subjecting employees to discrimination on the basis of protected classes (or zip code used as a proxy for protected classes). Forthcoming rules will clarify the circumstances and conditions that require notice, the time period for providing notice, and the means for providing notice. | Enforced under the Illinois Human Rights Act. |
Illinois | AI in Employment | Artificial Intelligence Video Interview Act | 820 ILCS 42 | January 1, 2020 | • Requires employers who use AI to analyze applicant video interviews to notify each applicant of the use of AI, explain how the AI works, and obtain the applicant’s consent prior to using the AI • Requires employers who rely solely on AI to analyze video interviews to determine whether an applicant will be selected for an in-person interview to collect and report to the Department of Commerce and Economic Opportunity annually on the demographic data of the applicants | N/A |
Illinois | Automated Decision-Making | Illinois Automated Decision Tools Act | HB 5116 | January 1, 2026 | • Prohibits deployers from using automated decision tools making consequential decisions that result in algorithmic discrimination • Requires deployers to perform an impact assessment for any automated decision tool they use that makes, or is a controlling factor in making, consequential decisions • Requires deployers to notify any person who will be the subject of a consequential decision that an automated decision tool is being used to make the decision and information regarding the characteristics of the tool • Requires deployers to allow subjects of such automated decision tools to opt out of the use of the automated decision tool in certain circumstances • Requires deployers to establish a governance program that contains reasonable administrative and technical safeguards to map, measure, manage, and govern the reasonably foreseeable risks of algorithmic discrimination associated with the use or intended use of an automated decision tool making consequential decisions • Requires deployers to make a policy publicly available that summarizes their automated decision tools in use and how the deployer mitigates foreseeable risks | • Private right of action for compensatory damages. • Civil penalties for certain violations of the law. |
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