KEY POINTS
Affective Computing creates a new class of data (‘emotional data’) that is personal, sensitive, and intimate by nature, but not necessarily considered personal or sensitive from the legal point of view. The information duties as set out in the GDPR do not oblige controllers to inform data subjects what specific emotions they have detected about them. Affective Computing creates tension with the accuracy principle enshrined in EU data protection law because of its disputed scientific foundation. Data subjects seem to have little means to rectify inaccurate emotional data. When Affective Computing is applied in the context of important decisions, the individuals concerned arguably do not have sufficient remedies to challenge the accuracy of emotional data that possibly influenced the decision in question.
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Andreas Häuselmann, Fit for purpose? Affective Computing meets EU data protection law, International Data Privacy Law, https://doi.org/10.1093/idpl/ipab008. Published: 12 March 2021.
First posted 2021-03-16 13:00:19
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