Employers cannot use emotion-monitoring AI systems in recruitment, probation periods
The European Union's new Artificial Intelligence Act is significantly restricting the use of emotion recognition systems in workplaces.
This is according to the latest guidelines published last week by the European Commission on the prohibited AI practices as defined by the Act.
The guidelines said the legislation prohibits AI systems that infer emotions based on biometric data, such as facial expressions or voice patterns, in the workplace, unless the systems are used for medical or safety reasons.
This includes the use of AI systems that infer emotions from keystrokes, body postures, or movements, as they are based on biometric data.
The guidelines are designed to ensure the “consistent, effective, and uniform” application of the AI Act across the European Union.
“While they offer valuable insights into the Commission's interpretation of the prohibitions, they are non-binding, with authoritative interpretations reserved for the Court of Justice of the European Union (CJEU),” says the Commission.
The restrictions further cover the use of emotion recognition AI systems during the recruitment and probationary periods. Other instances where such technology is not allowed include:
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