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:
Using webcams and voice recognition systems by a call centre to track employees' emotions is also prohibited, according to the guidelines.
However, these tools may be deployed for personal training purposes as long as the data are not shared with HR responsible persons and cannot impact the assessment and promotion of the employee.
The move aims to address concerns over privacy and the potential for bias in AI-driven emotion detection.
Emotion recognition systems, which analyse individuals' emotional states, have raised ethical questions due to the variability of emotional expression across cultures and individuals. The prohibition seeks to protect workers' dignity and prevent discriminatory practices.
However, exceptions exist for AI systems used to monitor emotional states for medical or safety-related purposes.
For instance, AI could be used in high-risk environments, such as factories or construction sites, to identify signs of stress or burnout, provided the technology is directly tied to employee well-being and safety.
The EU's Artificial Intelligence Act was enacted in August 2024 and will be fully applicable on August 2, 2026, Reuters reported.
"The ambition is to provide legal certainty for those who provide or deploy the artificial intelligence systems on the European market, also for the market surveillance authorities. The guidelines are not legally binding," a Commission official said as quoted by the news outlet.
