Does the European Data Protection Framework Adequately Protect our Emotions?

Author(s)

Elisabeth Steindl

Abstract

The market for emotiontechnology is a quickly growing market. Emotions affect people‘s lives and decision-making in all spheres of being. Reading, understanding, predicting, eventually steering emotions is of enormous interest to public and private entities. The question of whether and how the legal framework is prepared for this emerging technology is evident.
The European Commission’s Proposal for an AI Act represents the first hard law to address emotion recognition systems de lege ferenda. Exemplarily, this paper will analyse the effect of the draft AI Act on the regulation of emotion technology and point out concerns about potential shortcomings. Additionally, it will touch upon the interplay between the AI Act and the GDPR as the primary data protection legislation for the processing of personal data.

Organisation(s)

Research Platform Governance of digital practices, Department of Innovation and Digitalisation in Law

Journal

European Data Protection Law Review

Volume

8

Pages

311-319

No. of pages

9

ISSN

2364-2831

DOI

https://doi.org/10.21552/edpl/2022/2/20

Publication date

07-2022

Peer reviewed

Yes

Austrian Fields of Science 2012

505002 Data protection

Portal url

https://ucrisportal.univie.ac.at/en/publications/8df06c5c-a6cf-44b9-b591-40b067fcb39a