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8a

Updated on Feb 6th 2024 based on the version endorsed by the Coreper I on Feb 2nd

The notion of emotion recognition system for the purpose of this regulation should be defined as an AI system for the purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric data. This refers to emotions or intentions such as happiness, sadness, anger, surprise, disgust, embarrassment, excitement, shame, contempt, satisfaction and amusement. It does not include physical states, such as pain or fatigue. It does not refer for example to systems used in detecting the state of fatigue of professional pilots or drivers for the purpose of preventing accidents. It does also not include the mere detection of readily apparent expressions, gestures or movements, unless they are used for identifying or inferring emotions. These expressions can be basic facial expressions such as a frown or a smile, or gestures such as the movement of hands, arms or head, or characteristics of a person’s voice, for example a raised voice or whispering.

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