AI and Emotional data between the Scylla and Charybdis of European Regulation

Robert van den Hoven van Genderen

Rosa Ballardini

Zitiervorschlag: Robert van den Hoven van Genderen / Rosa Ballardini, AI and Emotional data between the Scylla and Charybdis of European Regulation, in: Jusletter IT 15. Februar 2024

Not just linguistic models as Chat GPT but also other applications in all other veins of human activities. Education, health and social services, traffic and science, military and surveillance, neither of those is escaping AI influence. These applications will influence our functioning, and emotional behaviour. Although we never doubt that regulating new technologies that have a strong effect on so many societal processes is necessary, we have to be careful not to chill further development of the use of AI to avoid possible unknown risks. Research on the effects of AI certainly has to be centred on the influence on human life and fundamental requirements and rights, but also investments and legal protection of AI-related innovations are indispensable. This is certainly the case when AI uses emotional data derived from or influencing natural persons and life experiences. Investments and legal protection of inventions in this field by patenting might be challenged by several legal provisions in the EU such as the GDPR, and the draft AI Act. Also, the new European Data strategy, including the Data Act and Data Governance Act, could endanger the further investment and creativity for new AI applications because of the data sharing requirements. This article analyses the opportunities and risks of regulating AI for emotional data processing.