AI Video Interview Consent: A Candidate Checklist

Before recording an AI video interview, find out what the employer and its vendor will collect, analyze, retain, and share. Ask whether the system evaluates your answers only, or also your transcript, voice, facial features, movements, appearance, or other signals. Save the notice and consent screen, confirm retention and deletion options, and request an alternative or accommodation before submitting if needed. Consent should be a specific data-use decision, not an unexplained checkbox.

Key takeaways

• Ask whether the video is merely recorded, or whether software analyzes the recording, transcript, answer content, voice, face, movement, or other characteristics.
• Confirm what the system evaluates, what output it produces, who receives the recording, and how long each item is retained.
• Save the invitation, job posting, consent language, privacy notice, vendor name, and submission details before recording.
• For a position based in Illinois, look for advance notice, a general explanation of the AI’s operation and evaluated characteristics, and consent before AI evaluation. Illinois also provides a process for requesting deletion of the interview video.
• If a disability affects speaking, hearing, vision, facial movement, processing, internet access, or interaction with the platform, request an accommodation or alternative format before the deadline.
• Treat vague claims about accuracy, personality, or emotion detection cautiously; ask what the system actually measures and how its output affects selection.

AI video interview consent means a candidate’s permission for an employer or technology provider to record and use a video interview for stated purposes. Those purposes may include storing the recording, creating a transcript, analyzing answer content, assessing voice or facial signals, or supporting a hiring decision. Meaningful consent requires enough information to understand what is collected, what the system evaluates, who receives it, how long it is kept, and what happens if you decline. This is practical information, not legal advice.

First, separate the four decisions hidden in “AI interview”

“AI video interview” can describe several different operations. A platform may simply record answers for a recruiter, create a transcript, summarize responses, rank candidates, or analyze facial expression, voice, movement, pauses, pace, or other signals. The EEOC identifies recorded-video evaluation as an employment use of AI and warns that algorithmic tools can disadvantage applicants with disabilities.

Before selecting “I agree,” separate the process into four questions:

1. Is the employer recording and storing the video or audio?
2. Is software analyzing answer content, a transcript, facial features, voice characteristics, movement, or behavioral signals?
3. Is the system extracting biometric-related information or another identifying characteristic?
4. Will the output influence a hiring decision, and does a human review the original recording or automated result?

Then map the data flow. The employer may use an interview vendor that receives or retains the recording. Ask whether the notice names the vendor, explains third-party access, identifies the source of collected data, or says whether information may be used for another purpose. You do not need the vendor’s source code to ask for a usable description of inputs, outputs, recipients, and retention.

Do not spend your preparation time imitating supposedly algorithm-friendly eye contact, facial expressions, or speaking patterns. First determine whether those signals are assessed at all. Prepare clear, job-related answers that a human reviewer can understand, and treat the consent notice as a process document rather than a performance puzzle. For general preparation, see this video interview checklist for Zoom, Teams, and Meet.

Read the notice for seven concrete details

Before recording, look for plain-language answers to these questions:

• What is collected: video, audio, transcript, answer text, facial information, voice information, movement, or other signals?
• What does the AI evaluate, and what general characteristics, qualifications, or job-related criteria does it assess?
• Is the output a score, recommendation, ranking, flag, summary, or transcript?
• Can the output affect progression or screen out an application, or does it only organize information for a reviewer?
• Will a recruiter or another human review the submission and the automated result?
• Who receives the recording or derived data, including vendors, and how long is each item retained?
• How can you request deletion, ask a privacy question, request an accommodation, or use an alternative assessment?

Save the invitation, consent screen, privacy notice, instructions, employer contact details, deadline, vendor name, job posting, and any description of the AI criteria before submitting. Note whether the recording is scored, transcribed, used to train a model, or shared with a service provider. This creates a contemporaneous record if a later explanation differs from the original notice. A general website privacy policy may not answer interview-specific questions, so ask the recruiting contact to identify the relevant section.

Use a neutral message that asks for the missing facts:

“Before I complete the recording, could you confirm whether AI will analyze my video, what categories of information it evaluates, who may access it, how long it is retained, whether it is used to train a model, and whether an alternative interview format is available?”

If the notice mentions particular functions, make the question more specific: “Does the system analyze only my transcript and answer content, or does it also evaluate voice, facial expression, appearance, movement, or pauses?” Asking for clarification is different from alleging unlawful conduct. Compare the answer with the consent screen and keep both records.

Illinois: check notice, explanation, consent, and deletion

For positions based in Illinois, the Artificial Intelligence Video Interview Act addresses employers that analyze applicant-submitted video interviews with AI. The practical checks are advance notice that AI may be used, information about how it works and the general characteristics it evaluates, and consent before the AI evaluation. The law also limits sharing of applicant videos and addresses their deletion.

Read the notice for a meaningful general explanation. Does it distinguish answer-content analysis from facial, vocal, or other signal analysis? A notice does not need to disclose a proprietary formula for you to ask what categories of data and characteristics are involved. If it says only that “AI may be used,” ask the employer to clarify the system’s function before recording and save the response.

Do not assume that consent to recording is identical to consent to AI evaluation. Ask whether the employer is requesting permission to store the recording, analyze it, or do both. Save the exact wording, including separate checkboxes, linked policies, and statements about categories analyzed or people who may receive the video.

The Illinois source provides a specific deletion protection: an applicant may request deletion of the interview video, and the employer must delete it within 30 days after receiving the request. The employer must also instruct recipients to delete copies. Make the request in writing, identify the role, interview, and submission date, and retain the request and any confirmation.

“I am requesting deletion of my recorded interview submitted for [role] on [date]. Please confirm deletion of the interview and that recipients have been instructed to delete copies within the applicable period.”

Do not turn this into a nationwide rule. The Illinois framework is a location-specific example concerning positions based in Illinois. Coverage and application can depend on the employer, position, and process. If there is a serious dispute, consider advice from a qualified attorney or an appropriate government agency.

Request an accommodation before recording

A one-way video format can create barriers unrelated to the job. You might have difficulty with speech, hearing, vision, motor control, facial movement, eye contact, processing speed, captions, keyboard navigation, or the recording technology. The EEOC explains that AI and algorithmic tools can screen out applicants with disabilities and that an employer may need to provide a reasonable accommodation, such as an alternative testing format, when the tool does not accurately assess the applicant’s ability.

Contact the person or team named in the invitation. Explain the barrier and the adjustment you need without volunteering unnecessary medical details. Focus on the assessment method rather than requiring yourself to disclose a diagnosis:

“I am interested in continuing with the application, but the automated video format creates an accessibility barrier for me. I need an alternative format or adjustment for this assessment because of a disability. What options are available, and who should handle the request?”

Depending on the situation, you could ask about captions, extra processing time, keyboard navigation, written responses, a live interview, or another equivalent route. Do not assume one option must be available in every jurisdiction. Ask what process the employer uses, make the request early, keep the exchange, and ask how the accommodation will affect the assessment.

If the employer says the tool evaluates only answer content, ask how that is implemented. A transcript-based review raises different questions from a system that analyzes facial or vocal characteristics. A useful follow-up is: “Will the decision-maker see my transcript and qualifications, or will visual and vocal signals also be used?” Disclosure alone does not establish that an evaluation method is accurate, job-related, or free from discrimination.

Treat biometric and accuracy claims cautiously

A notice may use reassuring language such as “objective,” “scientific,” or “accurate.” Those labels do not tell you which inputs are measured or whether the output is decisive. The FTC warns that biometric information and related technologies can create privacy, security, bias, discrimination, and deception risks. Be especially careful with vague claims about personality, emotion, engagement, or truthfulness inferred from a recording.

Ask the employer to translate the claim into a process description: What signal is collected? What category is assigned? Is the result used to reject, rank, or simply organize applications? Who can challenge an apparent error? If the response remains general, record that limitation rather than trying to reverse-engineer the system through your performance.

Use a five-question pre-consent checklist

Send these questions together when the notice is incomplete. They separate permission to record from permission to analyze:

1. What AI is being used, and is it analyzing my recording or only storing or transcribing it?
2. What data, characteristics, signals, or outputs are evaluated?
3. Will a human review the full recording and the automated result?
4. Which vendors or people receive the recording, and how long is it retained?
5. Can I complete an equivalent human-reviewed or accessible alternative?

An employer may not answer every question or offer an alternative, but the response gives you a clearer basis for deciding what to submit. If a recruiter answers by phone, send a brief follow-up email summarizing your understanding and ask them to correct anything inaccurate. Keep the message factual: record what you were told, when you were told it, and which question remains unanswered.

Decide what to do when answers are incomplete

You have four practical paths: proceed after reviewing the information, ask a focused follow-up, request an accommodation or alternative, or pause and seek jurisdiction-specific advice. The right choice depends on the role, deadline, information provided, and effect the tool appears to have on selection. You do not need to accuse the employer to ask for basic data-flow details.

Before submitting, create a small record: screenshot the consent language, save downloaded policies as they appeared, note the vendor and deadline, and export your email exchange. After submitting, record the date, confirmation message, and any later deletion or accommodation request. If you withdraw, keep the withdrawal separate from a deletion request; state clearly which action you want.