The processing of emotional data points is fast becoming a critical part of the Artificial Intelligence (AI) data processing component. As these emotional data points can identify natural persons, they thereby fall within the definition of personal data (at least) within the context of EU law. Facial coding involves the observation of a data subject’s facial expressions as a means of capturing their emotional reaction in any given time or situation. Ordinarily, processing activities which captured facial images are treated as sensitive personal data for reasons which include the capability of those images to reveal more data than intended. This chapter considers the applicability and impact of EU data protection law on emotional data points. By identifying the compliance gaps and the relationship and intersections between the General Data Protection Regulation (GDPR) and the Artificial Intelligence (AI) Act and proposing possible solution to identified gaps, the chapter attempts to analyse the compatibility of facial coding and data protection law. The chapter achieves this by using facial coding and the (facial) expressions collected from it as a use case. As a result, these considerations will highlight the relationship between emotional AI and data protection law while emphasising areas of divergence and convergence.

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Personal Data Protection in Emotional AI: The Facial Coding Example

  • Emmanuel Salami

摘要

The processing of emotional data points is fast becoming a critical part of the Artificial Intelligence (AI) data processing component. As these emotional data points can identify natural persons, they thereby fall within the definition of personal data (at least) within the context of EU law. Facial coding involves the observation of a data subject’s facial expressions as a means of capturing their emotional reaction in any given time or situation. Ordinarily, processing activities which captured facial images are treated as sensitive personal data for reasons which include the capability of those images to reveal more data than intended. This chapter considers the applicability and impact of EU data protection law on emotional data points. By identifying the compliance gaps and the relationship and intersections between the General Data Protection Regulation (GDPR) and the Artificial Intelligence (AI) Act and proposing possible solution to identified gaps, the chapter attempts to analyse the compatibility of facial coding and data protection law. The chapter achieves this by using facial coding and the (facial) expressions collected from it as a use case. As a result, these considerations will highlight the relationship between emotional AI and data protection law while emphasising areas of divergence and convergence.