AI video interviewing is legal in Ireland and the EU, provided it complies with GDPR and — from December 2027 under the EU AI Act — the high-risk AI employment provisions. This means candidates must be informed before recording; AI analysis must be disclosed; scoring must be based on response content rather than physical characteristics; human review must be available; and a full audit trail must be maintained.
Yes — with the right conditions
AI video interviewing is not prohibited in Ireland or the EU. It is a permitted and growing practice, subject to compliance with GDPR (which has applied since 2018) and the EU AI Act's high-risk employment provisions (enforceable from December 2027 pending formal adoption of the May 2026 extension agreement).
The legal framework is clear about what is permitted and what is not. Employers who implement AI video interviews in compliance with these frameworks are operating lawfully. Those who do not face regulatory risk and potential fines.
GDPR requirements
Under GDPR, candidate consent to recording must be obtained before the interview begins — and must be specific, informed, and freely given. Video recordings and transcripts are personal data and must be stored securely, accessed only by those with a legitimate need, and deleted within a defined retention period (typically three to six months for unsuccessful candidates).
Candidates have the right to access their own data — including recordings, transcripts, and AI scores — through a Subject Access Request. Employers must be able to fulfil these requests promptly and completely.
EU AI Act requirements
Under the EU AI Act's high-risk employment provisions, employers using AI in hiring must: inform candidates that AI is assessing them and what it is evaluating; ensure AI analysis is based on response content only (not facial expressions or vocal tone); provide human review of any AI-generated assessment on request; and maintain a full audit trail of scoring decisions.
Emotion recognition AI — any system that infers emotional state, mood, or personality from physical signals — is explicitly prohibited in employment contexts. This is an absolute prohibition, not subject to the transparency and oversight conditions that apply to other high-risk AI.
Palantrix — built for the Irish and EU legal framework
Palantrix is designed from the ground up for the Irish and EU regulatory environment. All data is stored on EU/Irish AWS infrastructure. Candidate disclosure is built into the interview flow. Scoring is entirely transcript-based with no emotion recognition. Human review is always available. The audit trail is comprehensive and accessible. Employers using Palantrix are implementing AI video interviewing in the way the regulatory framework envisages.
See how AI Video Interviews work →Frequently Asked Questions
Do I need explicit consent from every candidate?
Under GDPR, you need a lawful basis for processing candidate data, which for most recruitment contexts is legitimate interests or, for recording and AI analysis, specific consent. Consent must be obtained before recording begins, must explain what will be recorded and how it will be used, and must be freely given — which means candidates must have a genuine alternative (such as a live interview) if they decline.
Can candidates refuse to participate in an AI video interview?
Yes. Candidates have the right to decline AI processing and request an alternative assessment method. Under GDPR and the EU AI Act, employers cannot make participation in AI-assessed video interviews a mandatory condition without offering an alternative route. In practice, most candidates accept when the process is clearly explained; a small number will request alternatives, typically a live telephone or video interview.
Does the law apply differently to different company sizes?
The EU AI Act has no SME exemption for high-risk applications. Compliance obligations apply to all organisations deploying high-risk AI systems, regardless of company size. GDPR similarly applies regardless of size, though the supervisory authority may take proportionality into account in enforcement for genuine inadvertent non-compliance by small organisations.