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ARTICLE · 22 JULY 2024

The Time To (AI) Act Is Now: A Practical Guide To Emotion Recognition Systems Under The AI Act

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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The European Union's AI Act represents a significant step forward in the regulation of artificial intelligence technologies, particularly concerning the use of emotion recognition systems.

European UnionTechnology
Barry Scannell
Barry Scannell
Leo Moore
Leo Moore
Rachel Hayes
Rachel Hayes
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The European Union's AI Act represents a significant step forward in the regulation of artificial intelligence technologies, particularly concerning the use of emotion recognition systems.

These systems, which infer or identify emotions from biometric data, pose unique challenges and risks that necessitate strict regulatory measures.

A. Overview of Prohibited AI Practices

Defining Emotion Recognition Systems

According to Article 3(39) of the EU AI Act, an “emotion recognition system” is defined as an AI system that identifies or infers emotions or intentions based on biometric data. Biometric data, as per Article 3(34), includes any personal data resulting from technical processing of physical, physiological, or behavioural characteristics such as facial images or fingerprints. Recital 18 further elaborates that emotion recognition systems encompass AI technologies that identify a range of emotions including happiness, sadness, anger, and more. However, it

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