Nothing to Be Happy about: Consumer Emotions and AI

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.

Keywords

• AI
• consumer law
• new technologies
• regulation
• emotions
• EU Law