EU_AI_ACT_ART50_EMOTION_RECOGNITION_TRANSPARENCY_001

rules/regulations/eu/eu_ai_act_article50_emotion_recognition_transparency.yaml

Citation

Regulation (EU) 2024/1689, Article 50(3): Deployers of an emotion recognition system or a biometric categorisation system shall inform the natural persons exposed thereto of the operation of the system, and shall process the personal data in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680, as applicable. This obligation shall not apply to AI systems used for biometric categorisation and emotion recognition, which are permitted by law to detect, prevent or investigate criminal offences, subject to appropriate safeguards for the rights and freedoms of third parties, and in accordance with Union law.

Condition

Requires deployers of emotion recognition systems or biometric categorisation systems to inform natural persons exposed thereto of the operation of the system, and to process personal data in accordance with GDPR. Article 50(3).

Layer 1 detects

"emotion recognition" or "biometric categorisation" (also "categorization") followed by "without" or "lacking" and then "notice", "disclosure", "consent" or a word starting with "inform"; "deploy", "use" or "operat" (and longer forms) followed by "emotion detection", "emotion recognition" or "emotion analysis", then "without" or "lacking", then a word starting with "inform", "noti" or "disclos"; "covert", "secret", "hidden" or "undisclosed" followed by "emotion recognition", "emotion detection", "emotion analysis" or "emotion monitoring", or by "biometric categorisation", "biometric categorization", "biometric classification" or "biometric analysis"; "emotion recognition" or "emotion detection" followed by "not disclosed", "not notified" or "not informed"; "fail", "failing" or "failure" followed by "to inform", then "person", "persons", "individual", "individuals", "user" or "users", then "of emotion" or "about emotion"; and "biometric analysis" or "biometric processing" followed by "without" or "lacking", then "GDPR compliance" or "data protection compliance". Case is ignored, the words must follow each other with no other word between them unless stated, and a phrase can start inside a longer word. It matches wording, not meaning: it misses the practice when other words come between these ("Deploy emotion recognition on users without informing them during the video calls."), and it does not read the law-enforcement exception: a warrant-authorised "biometric categorisation without notice" fires. Whether a text does the practice is judged in Layer 2.

Condition type

regex; semantic condition in the file, not run by the engine

Status in the file

approved