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3 - The New Regulatory Approach under the AIA

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Summary

Chapter 3 examines the regulatory approaches outlined in the Artificial Intelligence Act (AIA) concerning Emotion Recognition Systems (ERS). As the first legislation specifically addressing ERS, the EU’s AI Act employs a multilayered framework that classifies these systems as both limited and high-risk AI technologies. By categorising all ERS as limited risk, the AIA aims to eliminate the practice of inferring emotions or intentions from individuals without their awareness. Additionally, all ERS must adhere to the stringent requirements set for high-risk AI systems. The use of AI systems for inferring emotions in workplace and educational settings is classified as an unacceptable risk and thus prohibited. Considering the broader context, the regulation of ERS represents a nuanced effort by legislators to balance the promotion of innovation with the necessity of imposing rigorous safeguards. However, this book contends that the AIA should not be seen as the ultimate regulation of MDTs. Instead, it serves as a general framework or baseline that requires further legal measures, including additional restrictions or prohibitions through sector-specific legislation.

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A Datafied Mind
Untangling EU Regulation of Emotion Technology and Neurotechnology
, pp. 39 - 58
Publisher: Cambridge University Press
Print publication year: 2025

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