Fit for purpose? Affective Computing meets EU data protection law

International Data Privacy Law, vol. 11, pp. 245–256

Abstract

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...

Authors 1

1. Andreas Häuselmann corresponding Aachen Andreas Häuselmann eLaw Center for Law and Digital Technologies

   Leiden University

   Affiliation as printed

   Andreas Häuselmann, Leiden University Faculty of Law, eLaw - Center for Law and Digital Technologies, Leiden, The Netherlands. Email