Behaviour or emotion alerts over an area where staff work, at an EU site
Art. 5 of the EU AI Act lists emotion recognition in the workplace among the practices the Act does not allow; Art. 5(1)(f) makes an exception for systems put in place for medical or safety reasons (named here, not quoted: the held text does not carry it). A behaviour alert may or may not infer emotion: aggression and mood alerts may; loitering, fall and object alerts detect movement and presence only. The list cannot say which; the vendor documentation can.
- When it is raised
- Raised on a camera at an EU site whose analytics read as behaviour or emotion alerts and whose coverage has staff present (or could not be read).
- The question
- If this alert infers emotion in a workplace it may be one of the practices Art. 5 does not allow: does the medical or safety exception apply? If it detects movement or objects only, it does not infer emotion. Which is it?
- For
- your lawyer
- The column that settles it
- the analytics or coverage column
- On the row
- a numbered delta and the words "may infer emotion" in small capitals; an outlined delta where it rests on a blank column
Clauses by regime
EU AI Act
EU AI Act Art. 5The practices listed in Article 5Prohibited AI practices. Prohibits a defined set of AI practices, including subliminal/manipulative techniques causing significant harm, exploitation of vulnerabilities, social scoring by public authorities, predictive policing based solely on profiling, untargeted scraping of facial images, emotion recognition in workplace/education, biometric categorisation inferring sensitive attributes, and real-time remote biometric identification (RBI) in publicly accessible spaces by law enforcement (subject to narrow exceptions).
EU AI Act Art. 50Transparency obligations for providers and deployers of certain AI systemsTransparency obligations for providers and deployers of certain AI systems. Providers and deployers of certain AI systems (incl those interacting with natural persons, emotion recognition, biometric categorisation, generative AI producing synthetic content, deepfakes, and AI-generated/manipulated text for public-interest information) shall inform users that they are interacting with AI, label synthetic content in a machine-readable format, and disclose deepfakes and AI-generated public-interest text (subject to free-expression and artistic exceptions).
Named, not quoted
- EU AI Act, Article 5(1)(f): the exception for emotion recognition put in place or placed on the market for medical or safety reasons; the held text does not carry it (every EU site; named, not quoted)