BA006Inference of emotional state

The derivation of a person’s emotional state from observable data.

Control	Jurisdiction	Source	What it establishes	Prerequisite or recommendation
BA006/EUMandatory	European Union	Regulation (EU) 2024/1689, articles 5(1)(f), 10, and 26(7), and Annex III(4)European Parliament and Council · read 11 Aug 2026	That inferring emotions at work is prohibited, that employment and worker management are a high-risk category, what the data a high-risk system is trained and tested on have to answer for, and that representatives are told before deployment.	Putting on the market, putting into service, or using an AI system to infer the emotions of a person in the workplace is prohibited, unless the system is intended for medical or safety reasons. What the Act means by inferring an emotion it defines by reference to biometric data, and the reasoning it gives for the prohibition runs on that basis. Physical states such as pain or fatigue fall outside it, and so does the mere detection of readily apparent expressions, gestures, or movements, unless those are used to infer an emotion.