Abstract
Advancements in artificial intelligence and Big Data allow for a range of goods and services to determine and respond to a consumer’s emotional state of mind. Considerable potential surrounds the technological ability to detect and respond to an individual’s emotions, yet such technology is also controversial and raises questions surrounding the legal protection of emotions. Despite their highly sensitive and private nature, this article highlights the inadequate protection of emotions in aspects of data protection and consumer protection law, arguing that the contribution by recent proposal for an Artificial Intelligence Act is not only unsuitable to overcome such deficits but does little to support the assertion that emotions are highly sensitive.
Highlights
The advancements in artificial intelligence (AI) technologies together with the diverse amounts of insights that can be derived from the immense volume of data has allowed for the development of a range of new and innovative consumer goods and services which detect and respond in real time to a consumer’s emotional state
We look at the role to be played by certain transparency obligations in consumer law de lege lata (Section 4) before concluding that the potential applications of AI with relation to emotions require a more robust legal framework (Section 5)
Here the UCPD and the Consumer Rights Directive 2011/83/EU provide a potential framework for addressing general transparency aspects surrounding emotion recognition in consumer goods, irrespective of the level of risk associated with the AI system
Summary
The advancements in artificial intelligence (AI) technologies together with the diverse amounts of insights that can be derived from the immense volume of (consumer) data has allowed for the development of a range of new and innovative consumer goods and services which detect and respond in real time to a consumer’s emotional state. Such ability to interact with technology on a highly intimate and personal level thereby adds new dimension to the personalisation of consumer interaction with such products. We look at the role to be played by certain transparency obligations in consumer law de lege lata (Section 4) before concluding that the potential applications of AI with relation to emotions require a more robust legal framework (Section 5)
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