How this was checked

Emotion recognition: scope and limits

Verified · last checked Settled, with the evidence a claim at this level needs.

Under the EU AI Act an emotion recognition system means an AI system for the purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric data. The prohibition in Article 5(1)(f) covers the placing on the market, the putting into service for that specific purpose, or the use of AI systems to infer emotions of a natural person in the areas of workplace and education institutions, except where the system is intended to be put in place or on the market for medical or safety reasons.

At a glance

The statement laid out, in its own words. The statement above and its sources are what count.

Definition

  • An AI system for the purpose of identifying or inferring emotions or intentions of natural persons
  • on the basis of their biometric data

Prohibition, Article 5(1)(f)

  • Placing on the market, putting into service for that specific purpose, or using AI systems to infer emotions of a natural person
  • in the areas of workplace and education institutions

Exception

  • Where the system is intended to be put in place or on the market for medical or safety reasons

Where the book relies on it

Kind of evidence
documentarySettled by a first-hand source, quoted below with the day it was read.

The evidence

(39) 'emotion recognition system' means an AI system for the purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric data; ... (f) the placing on the market, the putting into service for this specific purpose, or the use of AI systems to infer emotions of a natural person in the areas of workplace and education institutions, except where the use of the AI system is intended to be put in place or into the market for medical or safety reasons;

Regulation (EU) 2024/1689, Article 3, point (39), and Article 5(1), point (f), in the consolidated text CELEX 02024R1689 as consolidated on 27 July 2026 (English). Read from sources/eu-ai-act/02024R1689-20260727-consolidated-EN.html, downloaded from EUR-Lex on 2026-10-08 and read for this claim on 2026-10-09. Base text, no amendment marker on either provision., read

Open the official source

(251) [...] An AI system inferring emotions from written text (content/sentiment analyses) to define the style or the tone of a certain article is not based on biometric data and therefore does not fall within the scope of the prohibition. An AI system inferring emotions from key stroke (way of typing), facial expressions, body postures or movements is based on biometric data and falls within the scope of the prohibition. (254) [...] The notion of 'workplace' in Article 5(1)(f) AI Act should also be understood to apply to candidates during the selection and hiring process [...]. Using webcams and voice recognition systems by a call centre to track their employee's emotions, such as anger, is prohibited. If only deployed for personal training purposes, emotion recognition systems are allowed if the results are not shared with HR responsible persons and cannot impact the assessment, promotion etc. of the person trained, provided that the prohibition is not circumvented and the use of the emotion recognition system does not have any impact on the work relationship. Using voice recognition systems by a call centre to track their customers emotions, such as anger or impatience, is not prohibited by Article 5(1)(f) AI Act.

Commission Guidelines on prohibited artificial intelligence practices established by Regulation (EU) 2024/1689 (AI Act), C(2025) 5052 final, Brussels, 29 July 2025, paragraphs 251 and 254 (pages 85 and 86). Downloaded on 2026-10-12 from https://ec.europa.eu/newsroom/dae/redirection/document/112367, linked from the Commission's library page for the guidelines. Not binding: the guidelines say themselves that authoritative interpretation is reserved to the Court of Justice. Quoted because they settle, as far as guidance can, the question the chapter used to leave open: whether emotion inferred from written text is caught., read

Open the official source

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