Assessment design

Before You Let an Assessment Record Your Screen or Your Face

You can decline an assessment's screen or face recording, though declining sometimes means the process ends there, which is worth knowing before you start. Before you agree, find out whether the capture is one tab or your full desktop, whether a face template gets created rather than just a video, and how long any of it is kept. A face template is a legally different, more regulated thing than a screen recording in Illinois, Texas, and Washington, so the screen question and the face question deserve separate answers.

The takeAsk the questions out loud rather than silently worrying about them. A well-run assessment has already decided what it captures and why, and a recruiter who can't answer in a sentence is telling you something about how much thought went into the tool, not just about the tool itself. Five minutes spent silencing notifications and closing tabs matters less than two minutes of asking beforehand, because prep only helps with what the software sees; asking is what tells you whether it's watching the thing you're actually worried about.

Where Olive fits

Open a role and see what the work shows

An Olive assessment captures the screen of the assignment tab only, never a camera and never a face template, and declining that capture is a supported outcome rather than one that quietly counts against you.

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What Does Proctoring Actually Capture?

Most proctoring tools watch a narrow set of signals: gaze direction, audio in the room, and whether the browser window loses focus. Nearly all of what those signals catch has an innocent explanation: a second monitor, a notification, someone talking in the next room. The honest thing to say about them is exactly that rather than a script for avoiding them.

What gets flagged and what gets scored are two different things, and it's worth keeping them separate in your head. A flag is a note for a human reviewer to look at, not an automatic verdict, and how much AI assistance you used is not one of the things being measured at all in a well-designed assessment. The signal worth caring about is whether the tool distinguishes a flag from a conclusion, which is a fair question to ask before you agree to anything.

Ask Four Questions Before Clicking Agree

None of this needs research done days ahead of time. A short list, answerable out loud in the minutes before the assessment opens, covers the ground that actually matters and takes less time than reading the consent screen itself usually does:

  • Is it the assignment tab, or the full desktop and every window on it?
  • Does it create a face template, or just a plain video recording?
  • If a template is created, who holds it, and how long is it kept?
  • Is the audio on its own switch, separate from the video?

None of these are unusual or confrontational to ask. A recruiter fielding them for the first time is a signal worth noticing on its own, and one who answers immediately and specifically usually means the process behind the tool was actually thought through before it reached you.

Know When It's Biometric Data, Not Just a Recording

A face template is a narrower, more regulated category of data than an ordinary recording, and it carries its own rules in a handful of states. Illinois' Biometric Information Privacy Act requires a written release after written notice before a face geometry scan or similar identifier is collected, and it requires the collector to publish a retention schedule and destroy the data once its purpose is satisfied or within three years of your last interaction, whichever comes first 1.

Maryland goes further for interviews specifically: an employer there can't use facial recognition to create a face template during a job interview unless you sign a waiver naming the date, your consent, and whether you read it 2. Neither state's rule stops an employer from declining to interview someone who refuses to sign, so the practical value of the right is knowing about it and asking, not a guaranteed path around the tool.

A screen recording or a plain webcam video, without a template built from it, generally sits outside these particular rules, which is exactly why the first question in the list above matters: template or no template changes which law, if any, actually applies. A related but distinct case is worth naming too: if the assessment is a recorded video answer that an AI program specifically analyzes, rather than a live proctored work sample, Illinois has a separate consent requirement for that too, aimed at the video interview itself rather than the biometric template question 3.

Two More States Add the Same Kind of Rule

Illinois and Maryland aren't the only two. Texas requires informing you and getting consent before capturing a biometric identifier like face geometry for a commercial purpose, and it puts a hard outer limit on how long the identifier can be kept: destroyed within a reasonable time, and no later than the first anniversary of the date the purpose for collecting it expires 5.

Washington takes a lighter-touch version of the same idea, requiring notice, consent, or a mechanism preventing later commercial use before a biometric identifier is enrolled in a database for a commercial purpose, without prescribing exactly what the notice has to say 6.

The pattern across all four states is the same even where the details differ: a face template triggers a separate legal category from an ordinary recording, with its own notice, consent, and retention rules attached specifically to it. None of the four laws stops an employer from declining to move you forward if you decline the template, and each one is tied to its own state, so the honest first step is still figuring out whether any of them covers your situation at all before assuming a right you may not actually have.

Spend Five Minutes Before It Starts

A short list that costs nothing and addresses the exposure a full-desktop share creates on a personal machine: sign out of accounts you don't need open, silence notifications, close the second monitor or anything on it, and consider a separate browser profile so only the assessment tab is visible if the capture is broader than you'd like.

If something about the format itself is the barrier rather than what it captures, a disability accommodation request is a separate and standing right, not a favor: the ADA bars a covered employer from failing to make a reasonable accommodation for a qualified applicant, absent undue hardship, and a request can be made before an assessment starts rather than after something goes wrong during it 4. What an employer is actually told to disclose before recording a candidate's screen covers the same ground from the other side of the table, and it's a useful check on whether what you were told matches what a well-run process is supposed to offer. If the assessment also asks for your AI chat log alongside the recording, that's a related question with its own honest answer worth reading before you sit down.

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Common questions

Can I just say no to the recording?

You can decline, but a company running a proctored process may treat declining as ending your candidacy for that round, so it's worth asking what declining actually means before you decide, rather than assuming it's a neutral option.

Is a webcam video the same thing as a face template?

No. A plain video recording of your face is not automatically a biometric identifier under laws like Illinois' BIPA; a face template is a measurement extracted from that video, like face geometry, and it's the template specifically that triggers the stricter consent and retention rules.

What if the tool flags me for looking away from the screen?

A flag is a note for a human reviewer, not an automatic penalty in a well-designed process, and looking away has plenty of innocent explanations. It's reasonable to ask, before you start, how a flag gets reviewed and by whom.

Does closing my second monitor actually matter?

It matters most when the capture is full-desktop rather than a single tab, since a second screen can carry personal tabs, messages, or notifications a broader capture would pick up. Ask which kind of capture it is first; that answer tells you how much the rest of the prep matters.

Can I ask for the recording to be deleted afterward?

It's worth asking, and the answer mostly depends on the employer's own policy rather than a general legal right. The exception is a face template: Illinois and Texas both put destruction deadlines on biometric identifiers, so where a template was created the law already answers part of the question. For a plain screen or webcam recording, ask directly before you start rather than assume either way.

References

  1. 1. 740 ILCS 14, Biometric Information Privacy Act, Section 15 (Retention; collection; disclosure; destruction) Illinois General Assembly, Illinois Compiled Statutes, 2008. ilga.gov Supports the written-release-after-written-notice requirement before collecting a biometric identifier, and the three-year-or-purpose-satisfied destruction schedule.
  2. 2. Chapter 446 (House Bill 1202), Labor and Employment - Use of Facial Recognition Services - Prohibition, Md. Code Lab. & Empl. section 3-717 Maryland General Assembly, 2020 Laws of Maryland, 2020. mgaleg.maryland.gov Supports that Maryland bars creating a facial template during a job interview without a signed waiver naming the date, consent, and whether the applicant read it.
  3. 3. Artificial Intelligence Video Interview Act, 820 ILCS 42 Illinois General Assembly, Illinois Compiled Statutes, 2020. ilga.gov Supports the separate Illinois consent requirement specifically for a recorded video interview an AI program analyzes, distinct from the biometric-template question.
  4. 4. 42 U.S.C. 12112 - Discrimination (Americans with Disabilities Act) Office of the Law Revision Counsel, United States Code (prelim), via uscode.house.gov, 1990. uscode.house.gov Supports the standing right to request a reasonable accommodation as a qualified applicant, absent undue hardship, ahead of a proctored assessment rather than after something goes wrong.
  5. 5. Texas Business and Commerce Code section 503.001 (Capture or Use of Biometric Identifier) Texas Legislature Online, via FindLaw, 2024. codes.findlaw.com Supports Texas's consent-before-capture requirement for a biometric identifier and its one-year-after-purpose-expires destruction deadline.
  6. 6. RCW 19.375.020 - Enrollment, disclosure, and retention of biometric identifiers Washington State Legislature, 2017. app.leg.wa.gov Supports Washington's notice-and-consent (or opt-out) requirement before enrolling a biometric identifier in a database for a commercial purpose.

6 sources, numbered by first appearance. How Olive sources claims

General guidance for hiring teams. What works at one company and one volume may not transfer to yours.

Olive assesses how a person works with AI. It does not detect AI-written documents, and it never produces a score, a ranking, or a match percentage for a person. Candidates read the same report the employer reads.

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