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Knowledge base · AI in HR

May we use AI that infers the emotions of applicants or employees, for example in video interviews?

No. Since 2 February 2025 it has been prohibited to use AI to infer a person's emotions in the workplace, unless the system is intended for medical or safety reasons. The Regulation aims the prohibition at situations related to the workplace; a job application procedure is part of that, so a tool that infers candidates' emotions in a video interview falls under the prohibition. The prohibition also applies to someone who only uses such a system, not only to its maker.

In force now (since 2 February 2025)Trusq editorial · checked against the official textLast verified:

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The prohibition

It is prohibited to place on the market, put into service and use AI systems to infer the emotions of a natural person in the areas of the workplace and education, except where the system is intended to be put in place for medical or safety reasons [1]. The prohibition has applied since 2 February 2025 [2].

What counts as emotion recognition

An emotion recognition system identifies or infers emotions or intentions on the basis of biometric data, such as the face or voice [3]. Physical states such as pain or fatigue are not covered, and neither is merely detecting a smile or a frown, unless that is used to infer emotions [4]. A tool that infers from a video interview whether a candidate is enthusiastic, nervous or sincere infers emotions.

Applicants too

The prohibition is not limited to employees in service. The Regulation prohibits these systems in situations related to the workplace, because of the power imbalances in the context of work [6]. Treat emotion recognition in job interviews, including online ones, as prohibited; the only exception is a medical or safety reason [1].

Outside the workplace

Outside the workplace and education, this specific prohibition does not apply. Other prohibitions and the GDPR may still restrict the use. To the extent the use is allowed, you inform the persons exposed to it about how the system works and process the data in accordance with the GDPR, in line with Article 50(3) [5].

What Trusq bases this on

These released rules are in Trusq and are read again with every publication; if a rule changes, this page changes with it.

  • Emotion-recognition notice AI Act 50

Sources

  1. [1] AI Act Art. 5(1)(f) (AI Act, Regulation (EU) 2024/1689). Placing on the market, putting into service or using AI to infer the emotions of a natural person in the workplace is prohibited, unless the system is intended for medical or safety reasons.
    the placing on the market, the putting into service for this specific purpose, or the use of AI systems to infer emotions of a natural person in the areas of workplace and education institutions, except where the use of the AI system is intended to be put in place or into the market for medical or safety reasons;
    Source, retrieved on 2 October 2026.
  2. [2] Regulation (EU) 2026/1744 Art. 1(40)(a) (replaces AI Act Art. 113, third paragraph, point (a)) (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). Chapters I and II of the AI Act (including Article 4 and the prohibitions of Article 5) have applied since 2 February 2025.
    Chapters I and II shall apply from 2 February 2025, with the exception of Article 5(1), first subparagraph, points (ba) and (bb), and Article 5(1a) and (1b) which shall apply from 2 December 2026;
    Source, retrieved on 2 October 2026.
  3. [3] AI Act Art. 3(39) (AI Act, Regulation (EU) 2024/1689). An emotion recognition system identifies or infers emotions or intentions on the basis of biometric data.
    ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric data;
    Source, retrieved on 2 October 2026.
  4. [4] AI Act, recital 18 (AI Act, Regulation (EU) 2024/1689). Physical states such as pain or fatigue and the mere detection of readily apparent expressions are not emotion recognition, unless those expressions are used to infer emotions.
    It does not include physical states, such as pain or fatigue, including, for example, systems used in detecting the state of fatigue of professional pilots or drivers for the purpose of preventing accidents. This does also not include the mere detection of readily apparent expressions, gestures or movements, unless they are used for identifying or inferring emotions.
    Source, retrieved on 2 October 2026.
  5. [5] AI Act Art. 50(3), first sentence (AI Act, Regulation (EU) 2024/1689). Deployers of an emotion recognition or biometric categorisation system inform the persons exposed to it about its operation and process the data in accordance with the GDPR.
    Deployers of an emotion recognition system or a biometric categorisation system shall inform the natural persons exposed thereto of the operation of the system, and shall process the personal data in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680, as applicable.
    Source, retrieved on 2 October 2026.
  6. [6] AI Act, recital 44 (AI Act, Regulation (EU) 2024/1689). The Regulation prohibits emotion recognition in situations related to the workplace, because of the power imbalances in the context of work.
    Considering the imbalance of power in the context of work or education, combined with the intrusive nature of these systems, such systems could lead to detrimental or unfavourable treatment of certain natural persons or whole groups thereof. Therefore, the placing on the market, the putting into service, or the use of AI systems intended to be used to detect the emotional state of individuals in situations related to the workplace and education should be prohibited.
    Source, retrieved on 2 October 2026.

Related questions

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This page gives general information based on the text of the law. It is not legal advice for your situation.