# Deployers of emotion recognition or biometric categorisation must inform exposed persons

- **Record type**: Obligation
- **Instrument**: Regulation (EU) 2024/1689 — Artificial Intelligence Act
- **Jurisdiction**: European Union
- **Category**: transparency
- **Binding**: Yes
- **Applies from**: 2026-08-02
- **Provision**: Article 50(3)

## What the duty requires

A deployer of an emotion recognition system or a biometric categorisation system must inform the natural persons exposed to it that the system is operating and must process their personal data in line with the GDPR, the Law Enforcement Directive and the EU institutions data protection regulation. Systems permitted by law to detect, prevent or investigate criminal offences are excepted, subject to safeguards. Use in workplaces and schools is separately banned by Article 5 except for medical or safety reasons.

## What an organisation does about it

Place a visible notice at the point of capture and confirm a lawful basis for the biometric processing before switch-on.

## Controls that meet this duty

- AI interaction and use disclosure notices (satisfies): https://aipolicytracker.org/controls/ai-interaction-and-use-disclosure
- Privacy and data-protection controls for AI (supports): https://aipolicytracker.org/controls/privacy-and-data-protection-for-ai
- Prohibited and unacceptable-use screening gate (supports): https://aipolicytracker.org/controls/prohibited-use-screening-gate

## Parent instrument

- Regulation (EU) 2024/1689 — Artificial Intelligence Act
  - Record: https://aipolicytracker.org/policies/eu-ai-act
  - Context file: https://aipolicytracker.org/policies/eu-ai-act.md

## Provenance

- **Record page**: https://aipolicytracker.org/obligations/eu-ai-act-art-50-3-emotion-recognition-notice
- **Official source**: https://eur-lex.europa.eu/eli/reg/2024/1689/oj
- **Provision**: Article 50(3)
- **Review status**: pending review
- **Confidence**: high
- **Facts last confirmed**: never confirmed against the official source
- **Retrieved**: 2026-09-24
- **Licence**: https://creativecommons.org/licenses/by/4.0/

> This record is a structured summary with a link to the official text. It is not legal advice. Open the official source before relying on any date or duty. How current each record type must be is published at https://aipolicytracker.org/verification; what a record must carry at all is published at https://aipolicytracker.org/coverage.