rego-art50-3-002

rules/rego/complyedge/article50/emotion_permitted_context_notice.rego

Citation

Regulation (EU) 2024/1689, Article 50(3)

Condition

Emotion recognition in workplace/education is prohibited under Article 5(1)(f) except for medical or safety reasons. Even in those permitted contexts, Article 50(3) still requires deployers to inform natural persons exposed to the system. Deploying medical/safety emotion recognition without notice is a transparency failure.

Layer 1 detects

within one line and in this order, medical or safety, then "emotion recognition" or "emotion infer", then the whole word without, no or lack (any ending), never "not", then notice, notif, inform or disclosure; "emotion recognition", then medical or safety, then the same words, then notice, notif, inform or disclosure; and deploy or use, then "emotion recognition", then medical or safety, then "without informing" or "no notice". It matches wording, not meaning: it misses "do not inform" and the practice told in other words, it fires on text that only names it, and it fires even where the Article 50(3) exception for systems permitted by law to investigate criminal offences applies ("As permitted by national law to investigate the offence, police use emotion recognition for safety screening at the border without notice to the suspect."). Whether a text deploys the system without informing the people exposed, and whether the exception applies, is judged in Layer 2.

Condition type

deterministic

Status in the file

approved