AI systems that identify or infer emotions or intentions of natural persons based on biometric data (Article 3(39)). Includes facial expression analysis, voice sentiment analysis, and physiological monitoring.
5 questions answered with specific EU AI Act article references. 0 days until Annex III high-risk obligations apply on 2 December 2027 (Digital Omnibus on AI, Regulation (EU) 2026/1744); Article 50 transparency obligations have applied since 2 August 2026.
Not sure if your AI system is affected? Take the 5-minute diagnostic.AI systems that identify or infer emotions or intentions of natural persons based on biometric data (Article 3(39)). Includes facial expression analysis, voice sentiment analysis, and physiological monitoring.
In workplaces and educational institutions (Article 5(1)(f)). The ban covers employers monitoring employee emotions and schools monitoring student engagement via AI.
Medical purposes (e.g., detecting pain in non-verbal patients) and safety-critical applications (e.g., driver drowsiness detection) are exempted from the workplace/education ban.
High-risk classification under Annex III. Full conformity assessment, risk management, transparency to affected persons, and human oversight required.
If the analysis infers emotions from voice biometric data, it may fall under emotion recognition. Call quality monitoring without biometric inference is generally outside scope.
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