Question 1

In which contexts is emotion recognition based on biometric data absolutely prohibited according to the EU AI Act?

Accepted Answer

Article 5 of the EU AI Act explicitly prohibits the use of AI systems for emotion recognition based on biometric data in the workplace and educational institutions. The legislator recognizes the unequal power relationship that makes free consent illusory.

Question 2

What is the main criticism of the Dutch Data Protection Authority (AP) on emotion recognition technology?

Accepted Answer

The AP concludes in its RAN report summer 2025 that emotion recognition is built on 'disputed assumptions' and is risky for discrimination and privacy violations. The technology assumes universal emotion expressions, while scientific evidence doesn't support this.

Question 3

What is biometric categorization in the context of the AI Act?

Accepted Answer

Biometric categorization means using biometric data (such as facial features, voice patterns) to classify persons into categories. This includes emotion recognition, and is classified as high-risk under the EU AI Act.

Question 4

Why is emotion recognition in the workplace particularly problematic according to the legislator?

Accepted Answer

The EU AI Act prohibits emotion recognition in the workplace because the unequal power relationship between employer and employee makes free and informed consent illusory. Employees cannot really say 'no' without risking their position.

Question 5

How are emotion recognition systems classified if they are NOT prohibited (outside workplace and education)?

Accepted Answer

Outside prohibited contexts (workplace and education), AI systems for emotion recognition using biometric data are classified as high-risk under Annex III of the AI Act. This means strict compliance requirements such as FRIA, transparency, and human oversight.

Question 6

What scientific criticism exists regarding emotion recognition technology?

Accepted Answer

Emotion recognition assumes that emotions are universally expressed through facial expressions. This assumption is strongly criticized scientifically. Culture, context, and individual differences play a much larger role than the technology acknowledges.

Question 7

Which additional regulation applies to emotion recognition because it processes biometric data?

Accepted Answer

Biometric data is 'special category personal data' under Article 9 GDPR. This means emotion recognition systems must also comply with strict GDPR requirements, including explicit consent or another lawful basis.

Question 8

What are the main risks of emotion recognition according to the AP?

Accepted Answer

The AP identifies three main risks: (1) discrimination through incorrect assumptions, (2) privacy violations through processing sensitive biometric data, and (3) restriction of human autonomy as behavior is judged based on perceived emotions.

Emotion Recognition & Biometric AI Quiz