Emotion recognition: forbidden or allowed?
Emotion recognition in the workplace is prohibited. On customers it is high-risk: only allowed with transparency and an opt-out. The difference is the context.
The AI Act draws an important distinction: emotion recognition on employees and students is fully prohibited (Article 5). But emotion recognition on customers is high-risk and allowed under strict conditions.
In the workplace the ban is absolute. Software that analyses the voice tone of call-centre staff, or cameras that monitor facial expressions of office workers: not allowed.
On customers it is permitted, but you must: (1) inform customers that their emotions are being analysed, (2) offer a clear opt-out, (3) meet all high-risk AI obligations (logging, oversight, DPIA).
Ask yourself: is emotion recognition really necessary? In most cases there are better, less privacy-invasive alternatives.
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