In several places, yes. Illinois, New York City and Colorado (from 2027) require notice, and the EU AI Act will require it for high-risk hiring systems from December 2027. Where no law requires it yet, you should still tell candidates, because undisclosed AI use is one of the main reasons candidates abandon AI interviews.
Where is disclosure already required?
Illinois. The Artificial Intelligence Video Interview Act, in force since 2020, applies when AI analyses recorded video interviews. Before the interview, employers must tell the candidate AI may be used, explain how it works and what it evaluates, and get the candidate's consent. Videos must be deleted within 30 days of a candidate's request. Some compliance sites describe a 2026 amendment that adds written consent and penalties; we could not confirm this in the official statute text, so check the current version. Separately, HB 3773 requires notice whenever AI is used in hiring decisions, from 1 January 2026.
New York City. Local Law 144 requires notice to candidates at least 10 business days before an automated employment decision tool is used, plus a yearly bias audit with a published summary.
Colorado. SB26-189, which replaced the 2024 Colorado AI Act in May 2026, takes effect on 1 January 2027 and requires notice before automated decision technology is used in consequential decisions, including employment.
EU. Under Article 26 of the AI Act, deployers of high-risk systems must inform people when such a system is used to make or assist decisions about them. After the 2026 Digital Omnibus, this applies to recruitment AI from 2 December 2027.
India. There is no AI-specific rule, but the DPDP Rules make notice and consent duties for personal data applicable from 13 May 2027.
Why does disclosure matter beyond the law?
Because candidates leave when they feel ambushed. In the Greenhouse 2026 Candidate AI Interview Report, 63% of job seekers had been interviewed by an AI, 70% of those said they were not clearly told, and 38% of US candidates had walked away from a process because it included an AI interview. Not disclosing AI use was the second most cited reason (27%).
Only 26% of candidates trust AI to evaluate them fairly, according to Gartner. If you compete for scarce talent, this is a conversion problem before it is a legal one. More on that in Why Do Candidates Drop Out of AI Interviews?
What should a disclosure include?
It is not a line in your privacy policy. Tell candidates four things before the interview.
That AI is involved, and at which stage: screening a resume, running the interview and making the decision are different things.
What the AI does and does not decide. Candidates are more comfortable when they know a person reviews the outcome.
What happens to their data: how long recordings and transcripts are kept, and who sees them.
How to ask for an alternative. Few take it up, but offering one shows the process is not a black box.
Does telling candidates scare them off?
The evidence points the other way. What candidates object to is finding out afterwards.
Candidates who proceed after a clear notice join with the right expectations. And a structured AI screen gives every candidate the same questions against the same rubric, which is easier to explain to a regulator and a hiring manager than an impression of a CV.
What should you check in your own stack?
Can you produce a full transcript of what the candidate said?
Can you explain how a score was reached, in terms a candidate would accept?
How long is candidate data kept, and can you delete it on request within the time your jurisdiction requires?
Is a person making the final call, and can you show it?
How this works in GetHirePlus
GetHirePlus AI phone interviews run 24/7 in 8+ languages from a question bank you define, and every call produces a transcript with scores. If a candidate or auditor asks what happened, you have the record, not just a number.
Results flow into the ATS, where a person decides who moves forward. This is a summary, not legal advice. If you hire in several jurisdictions, check the details with counsel.
Sources
Illinois Artificial Intelligence Video Interview Act (820 ILCS 42)
Illinois Public Act 103-0804 (HB 3773)
NYC DCWP, Automated Employment Decision Tools
Colorado General Assembly, SB26-189
European Commission AI Act Service Desk, Article 26
Council of the EU, final approval of the AI Digital Omnibus (29 June 2026)
Press Information Bureau, DPDP Rules, 2025 notified
Greenhouse, 2026 Candidate AI Interview Report
Gartner, "Just 26% of Job Applicants Trust AI Will Fairly Evaluate Them" (31 July 2025)