Europe bans emotion-tracking artificial intelligence under landmark AI rules

EU AI Act aims to protect people from AI-based discrimination, harassment and manipulation

Anthony Cuthbertson
Wednesday 05 February 2025 10:18 EST
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Businesses in Europe must abide by AI misuse guidelines laid out by the EU
Businesses in Europe must abide by AI misuse guidelines laid out by the EU (iStock)

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Artificial intelligence capable of tracking employees’ emotions through webcams and voice recognition systems will be banned in Europe under new EU AI guidelines.

From 2 August, websites in EU countries will also be prohibited from using AI technologies to trick people into spending money.

The Artificial Intelligence Act, which was drawn up last year by the European Commission, is the world’s first comprehensive set of AI rules aimed at protecting people from AI-based discrimination, harassment and manipulation.

"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 told reporters.

Prohibited practices include AI-enabled dark patterns embedded in services designed to manipulate users into making substantial financial commitments, and AI-enabled applications which exploit users based on their age, disability or socio-economic situation.

A screen advertising facial recognition software during Global Mobile Internet Conference in Beijing, China 27 April, 2018
A screen advertising facial recognition software during Global Mobile Internet Conference in Beijing, China 27 April, 2018 (Reuters)

AI-enabled social scoring using unrelated personal data such as origin and race by social welfare agencies and other public and private bodies is banned, while police are not allowed to predict individuals' criminal behaviour solely based on their biometric data if this has not been verified.

Employers cannot use webcams and voice recognition systems to track employees' emotions, while mobile CCTV cameras equipped with AI-based facial recognition technologies for law enforcement purposes are prohibited, with limited exceptions and stringent safeguards.

EU countries have until 2 August to designate market surveillance authorities to enforce the AI rules. AI breaches can cost companies fines ranging from 1.5 per cent to 7 per cent of their total global revenue.

The EU AI Act is more comprehensive than the United States' light-touch voluntary compliance approach, while China's approach aims to maintain social stability and state control.

Some have warned that the pace of development in the AI industry, together with major political changes in recent months, means the guidelines risk being out-of-date before coming into force.

Among the latest developments are a looming trade war brought about by tariffs introduced by US President Donald Trump.

“The guidance cannot navigate through the new political landscape,” Fiona Ghosh, a partner at the law firm Ashurst, told The Independent.

“However, those responsible EU institutions will now have to stand by their pro-regulation position come what may. I don’t expect the guidance to be moderated should tariffs come into play. What's clear is the EU has drawn its line in the sand and doesn’t appear to be blinking.”

Additional reporting from agencies

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